Free Ebook Download:  How To Prevent Breakups

Navigation

Separation, legal separation and divorce: options of couples who want to call it quits

By BreakUpAdviceOnline.com Staff

Sometimes, there are just some things that are meant to end. When couples feel that they are no longer happy with the marriage and want to call it quits, there are several options available to them.

Separation without the legal hassles
Some opt for a trial separation where there are no legalities involved. This literally involves packing your bags and leaving the house to live elsewhere. Some couples do this to give each other space to think about things. Often, this is way for the couples to try if they can live separately and still make the family dynamics work, long distance. Trial separations are actually precursors to the other two options, which are legal separation and divorce. This is the time when they are still thinking about getting a legal separation or a divorce.

Legal separation: what does it involve?

Legal separation is vastly different from divorce in the sense that after the proceedings, the couple are still married and they are not allowed to marry other people. Women can also change their names back to their maiden name when they get a divorce as opposed to legal separation where the woman must still use the last name of her spouse.

There are however few people, if not none, who avail of these option, because it primarily involves the same process as divorce. In fact, legal separation takes the same length of time as divorce and it costs just as much.

Legal separation also involves a lot of paperwork and legalities. Like in an ordinary divorce proceeding, the couple must decide on a lot of issues with regards to the separation. For instance, they must also agree on the custody of the children. They must plan for visitation rights and schedule of parenting time. Some couples who enjoy shared custody will agree on having the kids every six months or so. The couple who are legally separating will also have to look into the division of properties. This can be pretty intense especially if both individuals have a great deal of properties to divide. Mind you, the word properties do not only refer to land titles but also to everything that they own, from their bank accounts and investments to their art collections and jewelry. Basically everything of value will be divided.

Another issue that they have to also discuss is the child support and in some cases the spousal support or what is called the alimony. Child support is one of the main issues in both divorce and legal separation proceedings because this provides for the financial needs of the children. Often, child support will include their daily basic expenses, their educational and health needs. Some child support clauses will also include pharmaceutical and dental fees as well as therapy fees in case they need some because of the marriage break-up.

Difference with Divorce
As mentioned before, one of the major issues that sets divorce apart from legal separation is the fact that women can change their last names back to their maiden names. This will of course involve a lot of legal changes especially in the major documents that the woman is using. One of the tasks of divorce lawyers, in fact, is the facilitation of the changes in legal documents..

Why some people opt for legal separation

As most legal minds would ask, why get a legal separation when you can get a divorce with the same kind of trouble?
Some people, however, prefer legal separation because divorce may seem too final for both parties. This may have a lot to do with their belief systems. Catholic Christians for example are not much believer in divorce. They believe that what God join should not be separated by anyone. Because of these moral values, some couples opt for legal separation, thereby preventing them from seeking marriage again with another. Some also opt for legal separation because of health plan issues from companies. Some employers provide package deals for the whole family. This, however, becomes void if the couples get a divorce as opposed to a legal separation. For some couples, these health plans are important enough to choose legal separation.