Divorce vs. Legal Separation: Which Option is Best for You?

As of lately, legal separation is being utilized more and more by married couples as a proxy for divorce.

In a legal separation, the parties remain married, whereas in a divorce the marriage ends completely. Put simply, a legal separation is a court order that governs the rights and duties of a couple while they are still married, but living apart. With so many couples experiencing a financial squeeze in their budget, the option of entering into a legal separation agreement has become an attractive option in effort to save time and money.

Religious Reasons:

Many practice religious faiths that frown on divorce. Legal separation can be a great alternative to religious roadblocks.

Tax Benefits:

Many couples find that the benefits of filing jointly make separation a more attractive option. However, joint-filing tax benefits aren't guaranteed. You should check with your accountant prior to making any decisions.

Alleviating the Emotional Impact:

Because of the finality of a divorce, the decision to actually proceed with a divorce can be a tough pill to swallow. If you are not ready or comfortable branding your relationship status as "Divorced," " then legal separation might be a gentler path.

Keeping Doors Open:

If you believe reconciliation is possibly on the horizon, it might be more cost-effective and less of a hassle to legally separate rather than file for a divorce.

Staying Insured:

Depending on the specifics of your health insurance plan, many usually cover separated spouses, but not divorced spouses.

Regardless of whether you opt for legal separation or divorce, you are encouraged to consult with an experienced Phoenix divorce attorney in order to determine what option is best for you. With over 30 years of combined experience, the attorneys at Lasiter & Jackson will aggressively represent your interests in any divorce or legal separation proceeding. Contact us today to schedule a free 30-minute consultation.

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