Is It Better To Get A Divorce Or Legal Separation?
This question comes to me from a prospective client who reached out to me and said, “Bonnie, I’ve been watching your videos. I see the processes for divorce, the processes for legal separation, and I’m not really certain what is best for me right now. What do you recommend?”
Well, my explanation is this, divorce is FINAL. You are totally divorced, and you move on, can remarry, and are no longer attached to your spouse.
A legal separation, on the other hand, you are still married and are not able to get remarried. You are still connected to your spouse.
This is a personal decision, and it is one that the person must make with the spouse because if you do decide to do a legal separation, it is an agreement between the two parties.
For example, if you want a legal separation, and your husband or wife does not, they can then counter and file for a divorce, and the divorce will trump the legal separation.
There are many reasons why a person might want a legal separation as opposed to a divorce.
- the couples have a religious reason for not wanting to get divorced. A
- The couple gets tax benefits from legally separating themselves, but yet being able to file taxes jointly, thus getting a better tax benefit.
- For insurance purposes. You are still able to collect and be under your spouse’s health insurance.
- Maybe you just need a break and possibly reconcile later. Some therapy, some distance, and maybe you can reconcile later on.
Again, there are many reasons to go the legal separation route versus a divorce. And this is again, a personal decision that both you and your spouse must make. I hope that this has answered this question for you, Jamie. And if you have further questions about this topic, please contact me at vegasdivorcemeeting.com.
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