Ending your marriage is not a simple decision. You need to consider all options and aspects, including your life after the divorce. While “legal separation” may sound like a fancy way of talking about divorce, both are different things. Your best bet is to discuss your circumstances with a Sandy divorce attorney to understand if you should consider one over the other. Here is an overview between a divorce and a legal separation.
The basics
A divorce is an absolute end to a marriage. This means that the couple can move ahead in their life and consider marriage a thing of the past. They can remarry if they want and continue to co-parent their minor child as per the agreed arrangement. A legal separation, on the contrary, doesn’t end the marriage. It is a court order that sets certain expectations and guidelines for both spouses. Legal separation is not mandatory for a divorce in Utah.
Why consider legal separation?
Some couples may benefit from legal separation. If you and your spouse are legally separated, you are still married, and this can help you reap tax and insurance benefits. Whether you would get an advantage with a legal separation depends on your circumstances. For instance, if your spouse has a tendency to acquire debt, you can consider a legal separation, which can ensure that you are responsible for their financial mistakes.
The flip side of legal separation
If you are legally separated from your spouse, you cannot get married. In Utah, you have to file for a divorce to end the marriage and remarry someone of your choice. Also, everything has to be decided before you can get a legal separation, right from child custody and child support to alimony. Eventually, you end up doing as much paperwork as in the case of a divorce.
Getting a divorce
It is important to understand that a legal separation is not an alternative to a divorce. However, when couples cannot decide about their divorce, or if there is some room for reconciliation, a legal separation could work like a pause rather than a stop. Talk to your lawyer about legal separation and divorce, and don’t shy away from asking questions related to the process. In Utah, you can finalize your divorce in just 90 days if you file for a no-fault divorce.
Take a moment to consider if you can save your marriage and make a decision tomorrow.
