People often consider legal separation as an alternative to divorce. Perhaps they want to use legal separation as a first step toward a divorce. Perhaps there are legal, financial or personal reasons for pursuing this alternative instead of divorce. More often than not, divorce is a better solution, but it is important to choose an experienced attorney to help you explore your options.
How Legal Separation Differs From Divorce
The biggest difference between divorce and legal separation is that legally separated spouses are still married. They keep most of the rights and responsibilities that come with marriage, but they have the option to separate their lives in a manner similar to divorce.
In a legal separation, just like in a divorce, you can divide assets, establish spousal support payments, and set child custody arrangements and child support payments. Each spouse's new rights and obligations are documented in a decree of legal separation. At Greenwood Associates, our lawyers can assist with all of these issues and create an effective document that protects you.
Why Some Couples Choose Separation
Couples choose legal separation for a variety of reasons. Some want to keep a spouse on a health insurance plan, preserve certain tax or military benefits, or honor religious beliefs about marriage. Others use it as a structured trial period before deciding whether to reconcile or move forward with a divorce. We will help you weigh these considerations honestly.
Even though you and your spouse remain married and may still get along fairly well, disputes can still arise during the separation process. Our family law attorneys have 30 years of experience resolving these disputes. We will strive to resolve them as amicably as possible, but we are also fully prepared to pursue litigation if needed. If you separate now and later decide to complete a divorce, we can guide you through that step too.
Contact an experienced lawyer at Greenwood Associates in Provo today to discuss legal separation.