Without a doubt, divorce is a very complex process for each party involved. A lot of couples decide to separate before they get a divorce. This separation has them restrict contact with each other and move on with their lives without one another.
Deciding to separate can be chosen for several reasons, but the most typical reason why couples decide to separate is to take the time and use it as a test. They distance themselves from one another to decide if they want to get divorced or not. After the trial period is completed, the couple can then choose to resolve their differences or to officially terminate the marriage.
In this post, we examine the separation vs. divorce pros and cons.
Legal Separation vs. Divorce
Before comparing the two, it’s important to know how living separately from one another and making their separation legal is different.
In an uncomplicated separation, the spouses can live away from one another, and no papers are filed within the court and does not require any type of written contract. Separation can keep things concealed as their situation of separation can remain private to everyone but them.
A divorce, on the contrary, is when the couple petitions the court to recognize their separation. This requires an official agreement together with the submission of proper documentation in the court.
Divorce necessitates the division of the couple’s assets, issues regarding child custody to be settled and child support requirements and alimony to be stated in the agreement.
Legal Separation vs. Divorce Pros and Cons
Legal separation may be a better alternative even if it’s only short-lived, for several reasons. For example, some people follow their religious beliefs in which divorce can be extremely discouraged. Becoming separated enables them to stay married without living with each other.
Nevertheless, separation and divorce each have their pros and cons. Read on to find out more about the pros and cons of separation and divorce and help find out which option is best for you.
Pros of Separation
Separation interests some people for a couple of reasons –
- They want to fix their marriage problems in the future but need to live away from each other for a little while.
- They have religious or ethical conflicts to getting a divorce.
- It enables one spouse to qualify for a pension and social security benefits of the other spouse prior to getting a divorce.
- Separation also helps provide tax benefits prior to the couples finalizing their financial situation and getting the divorce.
- Separation enables one partner to get insurance coverage from the other’s provider.
Cons of Separation
Separation does have some drawbacks that can make divorce seem like a much better option. These drawbacks include-
- When couples have an account together or are in any contract together, like a mortgage, each spouse can access those accounts and therefore is also responsible for any debts they have.
- Couples that are separated are cannot get married again until they’re formally divorced.
- Not every insurance policy gives coverage to a spouse while legal separation is finalized.
Pros of Divorce
Because divorce often is the end of the relationship and at times be messy, it only has a couple of advantages-
- After a divorce, you can still remarry.
- Divorce can give you freedom, you don’t have to live with somebody who is always controlling you.
- Divorce causes the separation to be 100% official and legal.
- Divorce is an everlasting decision, and the separation isn’t just physical, contrary to legal separation. Rather, divorce gives you mental and physical separation.
Cons of Divorce
Like every decision, you need to consider the pros and cons. Likewise, divorce comes with its cons also including-
- Divorce is costly because you’ll have to cover legal fees and other expenses that come with it.
- Divorce gets you mentally drained and can take its toll on you being single.
- Divorce decreases your living standards since now only one person is earning and you’ll have to stay on a budget.
- Divorce may also lead to changes in personal relationships as some friends may choose sides and you might also want to keep your distance from your friends that are married.
Ending the marriage is never easy, neither is living separated. It’s important to remember that if there is still love, then you can decide to reunite someday which is feasible with separation and not divorce. Despite that, with a divorce, you can always get remarried.
Separation and divorce also come with their advantages, there could be other pros and cons that aren’t listed in this article, but if you’re thinking about a separation or divorce, it’s best to get legal advice that can assist you in determining the more viable option for you.
Divorce Attorney in Scottsdale & Phoenix, Arizona
Moshier Law should be your first choice for when you need the best divorce lawyer in Scottsdale and Phoenix, Arizona. An experienced family law attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients, so they have the brightest future possible. Give us a call today at 480-999-0800 for a free consultation.
Divorce and Family Law
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