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Legal Separation vs. Divorce: Which is recommended?

People having difficulties in marriages could consider filing for a divorce. On the other hand, many times, people talk about legal separation, and you wonder which will be beneficial, both now and in the long run. There is no simple answer to direct you on the better choice between legal separation and divorce as legal separation is almost as complicated and stressful as a divorce. Some families, as a result of ethnic difference and religious belief, could benefit from a legal separation.

What is a Legal Separation?

Separate maintenance, also known as legal separation is pretty possible. This, however, involves the couple going through an alternative dispute resolution (ADR) process or the court system. This will help with settlements of matters related to the separation like parenting needs and property division. A legal separation doesn’t change the legal status of the parties involved. While they remain married, they can go through all the process involved in getting a divorce.

What can happen With a Legal Separation?

A legal separation allows you to deal with some matters that arise during the divorce process such as:

  • Parenting time
  • Child support
  • Property division
  • Spousal maintenance and
  • Child custody

Does legal separation come with any benefit?

If you want to spare yourself of some stress that comes with divorce, you should understand that legal separation is not the best choice. This is because the steps involved in authenticating a legal separation are as complex, stressful, complicated and time-consuming as those associated with divorce.

For some couples, however, they get to enjoy some benefits. Also, there are financial benefits of remaining legally married such as that of filing a joint tax return remains. Health insurance is another significant health benefit. Also, one of the parties involved might cover each other in an employee insurance plan, which will be null and void once the divorce is in place. Also, they also enjoy the benefits of being under a single insurance plan. Military spouses, for instance, will also be entitled to some benefits if the marriage lasts for ten years or more, making it another reason to consider a legal separation.

Some families also hold some cultural and religious beliefs for staying away from divorce. Although these couples still want to live different lifestyles, they face the same things that couples going through divorce face.

If you are considering getting either a divorce or legal separation, get in touch with us at Frank Family Law. We have skilled lawyers in Orlando, and one of the top family law Practices in Orlando. Contact us today to help you weigh your option and make an informed decision.