The Difference between Legal Separation and Divorce

The difference between legal separation and divorce may be hard to discern when a couple splits up and each begins to live a new life apart from the other. To third observers, it may appear to be no different than a divorce. However, there are actually significant differences that each party should clearly understand. A divorce attorney in Shelby Township, MI can assists individuals in a divorce in knowing what their rights and obligations are in a legal separation, and how it differs, particularly in terms of finances, from a divorce. Moreover, a divorce attorney can also help individuals decide which the better path is for the present moment.

Breaking down all the factors leading to the decision to severe ties in a marriage is part of the evaluation process that a divorce attorney in Shelby Township, MI will take you through as you decide which path to take. A legal separation allows couples to retain some of the rights (and obligations) implicit to marriage, such as sharing health insurance benefits. In a divorce, benefits such as insurance will expire for the dependent party after a limited period of time.

Some couples use legal separation as a precursor for divorce, giving themselves the opportunity to prepare for each one’s independence in a post-divorce context. Care should be taken, however, that legal precedents are not created during the separation that will be considered to be binding during a divorce. As an example, if during a separation there is an agreement that the dependent spouse can maintain expenses on a set amount of money each month; this may be used as evidence in a divorce case even if it is ultimately inequitable.

If there is hidden hostility in a legal separation, a spouse can sell assets or drain accounts that borders on financial ruin, which will have permanent effects during a divorce proceeding. For this reason alone, your divorce attorney in Shelby Township, MI may advise against separation and encourage divorce instead. The best decision, however, depends upon the circumstances of each case individually.

Marriage carries with it legal benefits that end after a divorce has been finalized. Tax amenities end, inheritance rights halt, insurance for dependent spouses terminate and other powers are no longer enforceable. Although going through a divorce can be an emotional period, it is important to consult with a divorce attorney in Shelby Township, MI in order to clearly determine what path is best for you to pursue, depending upon your own particular situation. That could mean legal separation, divorce, mediation or even counseling and an attempt to repair your marriage.