Although some couples may be fairly certain that divorce is the next step in their marriage, others may continue to struggle with the decision. They may have hope that their marriage can be salvaged, if given the time apart they need to work on it. For others, though, divorce may not be considered an option. In either situation, a legal separation may be the solution. Learn more about the differences between these two legal processes, including how you can decide which option may be most appropriate for your situation.

Divorce versus Legal Separation

On the surface, legal separation and divorce may seem rather similar. Both typically involve the physical separation of married parties. One can also request alimony and child support during a legal separation, just as they would in divorce. However, there are some notable differences that should be considered before making a final decision.

First, separation does not legally end a marriage. Instead, the marriage is held intact, either permanently, or until the couple decides to divorce. Because of this, parties cannot remarry or enter another domestic partnership while they are legally separated. Instead, they must move forward with a divorce, which is an altogether separate legal process.

Which Option is Right for You?

Only you can truly decide whether divorce or legal separation may be most appropriate for your marriage, but there are some factors that may sway you one way or the other. For example, parties may decide to move forward with divorce after learning that legal separation is a completely different process. Others may realize that it may be more cost effective to pursue legal separation instead of divorce. As strange as that might sound, many individuals find that they can retain affordable health insurance through their spouse’s while still collecting support if they pursue legal separation. The same may not be true in a divorce.

Understanding the Role of an Attorney

Regardless of whether you choose to separate or divorce, the assistance of an attorney is invaluable. It can help ensure that your rights are protected, and it can increase your chances of receiving the settlement or support that you deserve. Furthermore, an attorney can help you better understand your options, including how they may apply to your specific situation.

Before you file for divorce or legal separation, contact the Dominion Law Group, LLP for assistance. Dedicated and experienced, our San Jose family law attorneys will make your best interest our top priority. At every turn, we pursue the most favorable outcome possible for your case. Learn more about how we can serve you with our comprehensive family law services. Call 408-288-5592 and schedule your personalized consultation with us today.




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