Legal separation is something not a lot of couples consider when they would like to dissolve their marriage. Many couples will think of divorce first and foremost, but legal separation is something that could be beneficial for certain couples in Arizona. In today’s blog, we’re going to go over the differences between divorce and legal separation. Sometimes divorce can be a much more beneficial decision, while other times legal separation would be best. If you’re considering divorce or legal separation, then we urge you to speak to a divorce lawyer to ensure that you have all of the information to make an informed decision. Contact a divorce lawyer today to learn more about how we can help you.
What Is Legal Separation?
If you’re not sure what a legal separation is, then it’s a binding legal agreement between you and your spouse that resolves the issues between you. For example, a legal separation agreement can include the division of debt, assets, alimony or spousal support, and child visitation and support. You’ll live apart and have separate lives with a legal separation. Many couples try separating for a period of time to see what happens; in this case, you’re still responsible for your partner’s debts and legal issues even if you don’t live together. A legal separation will address those issues and limit your liability for elements such as debt.
The Benefits Of Legal Separation
If you’ve been considering divorce, you may think that legal separation is not for you. However, there are many benefits to a legal separation instead of a divorce. A legal separation will need to go through the court, just like a divorce. The court will administer final orders that dictate the division of the assets and the debts between the spouses. Additionally, you’ll want to include details in the agreement about spousal and child support. For a legal separation, the marital community will be eliminated and the rights and obligations between the two of you will be terminated under the Arizona community property law. Some of the benefits include:
- Better insurance coverage
- Less expensive
- Value religious beliefs
- Neither spouse is sure they want to dissolve the marriage
The Benefits Of Divorce
On the other hand, there is divorce. Divorce is the complete termination of a marriage and is something many couples prefer. There are many benefits to divorce, which is why so many couples choose it. When it comes to divorce, you’ll have all of the benefits of legal separation. You’ll go through the court and, in the State of Arizona under the community property law, your marriage will be dissolved. A divorce will also, unlike legal separation, restore your right to remarry if you should so choose. Additionally, other benefits include:
- You’re happier
- You have more freedom
- You can be more confident
- You completely dissolve your marriage
Factors To Consider
If you’re not sure about what you should do, then take the following into consideration. These factors can help you consider exactly what your next steps should be when it comes to your marriage. If you feel that you’re not 100 percent sure on your divorce, then you can always try for a legal separation and then go from there. A legal separation can end in an elimination of your marriage or it could help you and your partner reconnect and realize you want to stay married. Consider the following factors if you’re not positive about your next steps:
- Ability to remarry: Do you want to remarry in the future? If so, a divorce may be the best option.
- Emotionally ready: Are both of you emotionally ready to end your marriage? Sometimes a legal separation can help you untangle your emotions to see clearly.
- Medical history: If one or both of you has bad health, then health insurance can be a beneficial reason to go with a legal separation.
- Religion: If you feel that you’re going against your religious beliefs for a divorce, then a legal separation can be a good option.
- Taxes: Taxes are already difficult. If you’d like to save money on taxes, then legal separation can be beneficial.
- Finances: If you are limited in your funds, then legal separation can be the best option.
- Children: If you have children, then you’ll want to keep in mind what’s best for the children as you choose between legal separation and divorce.
The Difference Between Divorce And Legal Separation
Essentially, the difference between legal separation and divorce in Arizona is if you’d like to no longer be legally married. When it comes to legal separation, you and your spouse will no longer be a couple, even though you are still legally married.
Are you looking to hire a divorce lawyer? Contact us today to learn more about how we can help you get divorced.