October 3, 2023

If you are having problems with your wife/husband, a divorce might seem like the only option available to you in your quest to safeguard your finances and save yourself from emotional torture. Before you decide to divorce, you may want to consider legal separation since it offers the same protection as divorce and even works better in some cases. A legal separation is similar to a divorce in some aspects. For instance, you will still negotiate on the issue of child custody, child support, and division of the marital property. 

However, in a legal separation, you are still married to your spouse, but you will be living separately. Deciding on legal separation vs divorce can be confusing. However, to help you make an informed decision, we have compiled the following information that you will find extremely useful.

Understanding Legal Separation vs. Divorce

These two terms tend to intertwine in several ways and even have similar effects in many ways. In both cases, you and your spouse live apart. And it isn’t just about living separately, but your finances are also separated. The issue of child custody and child support must also be addressed in both cases. Division of marital assets and debts must also be resolved by the court in both cases. The bottom line is that both legal separation and divorce create a substantive division in your lives and also financial boundaries that you must live by.

The most significant difference between the two terms is that when you decide to divorce, your marriage is formally over. You are no longer considered wife and husband, and you are free to meet and date other people in your life. You will be living your life as a single person who isn’t tied in any way. However, when you opt for a legal separation, you remain married to each other until the day you decide to divorce.

No matter what you do in your life, you must remember the fact that you are still legally married to each other. You cant remarry, or you live your life like someone who is single. Technically, you are still a wife and husband although you are living apart. This means that you still have the right to inherit from each other.

How Can You Get a Legal Separation?

It is also good to mention the fact that we have several types of separation. The most common one being a trial separation that is an informal separation during which you live separately before you decide whether you need separation or divorce. A trial separation can happen anytime, anywhere and you don’t need permission or court order to separate from your spouse. If you are living in different places, you are separated. 

However, a separation only becomes legal when the court formally declares that you are separated. Keep in mind that not all states in the U.S permit legal separation so be sure to consult an attorney in your state before you separate from your spouse You can also obtain a legal separation by filing for it just the same way you would file for divorce.

Are you confused between filing for a legal separation or divorce in Salt Lake City, Utah? Contact the Law Office of David Pedrazas today for legal advice and assistance. We have been practicing divorce and family law since 1988, and we offer free case evaluations. Contact us online and let us help you.