Legal separation and divorce may sound similar to you however they differ in many legal aspects. One of the major differences is that in legal separation, the couple is still legally married even if they live separately for many years. Divorce is the final call to end marriage as the couple’s marriage no longer exists lawfully.
Often unfortunately married couples decide wrongly as they aren’t well informed about legal separation vs divorce. Hence, the best way to know is read more about both kinds of process to know their pros and cons.
Here are the prime difference between legal separation and divorce:
- Legal separation:
- Marriage doesn’t get dissolved, thus you have still some legal rights on your spouse assets. If a living spouse can have access to properties if the spouse dies. Even you give rights on few social benefits like medical insurance and life insurance.
- Living separate from your spouse doesn’t give you rights to remarry. You are still legally married, thus can’t remarry till you finalize the end of your marriage.
- You both remain still married legally, thus are stated to be next to kin for each other. Spouses can still make decision for each other in matters of finance and medical care criteria.
- Need to find solutions for debts together as they remain lawfully wedded to each other.
- The best advantage of legal separation over divorce is reconciliation chances are high and it is easier to process as well.
- Spouses once divorced aren’t legally called heir to properties of their spouse. They aren’t eligible for any joined medical or other benefits provided by the State law.
- They can make their own individual decisions regarding their welfare.
- If you think of living together in future there will be a need to marry legally again.
In both ways of marital separation children’s custody and alimony differ a little, but children’s visiting rights remain similar. There is trial separation that is temporary and permanent separation that is considered to be similar to legal separation in some countries. It is individual’s preference to choose the best for them after acquiring detailed knowledge about both kind of process supporting spouses to lead a separate life.
To gather more information about the legal rights you acquire while deciding to go for legal separation or divorce from your spouse visit the website of well acclaimed lawyers who are well versed in family law such as seilerschindel.com.