Married couples who are experiencing relationship issues have multiple legal options. For some couples, legally terminating their marriage through divorce may be the best solution for everyone involved. However, a couple may not be ready to take this irrevocable step, or they may wish to maintain certain benefits that come with being married. Legal separation may be an alternative option in these cases. When determining which approach to take, a couple will need to weigh the benefits and drawbacks of each option.
Pros and Cons of Divorce and Legal Separation
A divorce will dissolve a couple’s marriage, ending their legal partnership and allowing spouses to go their separate ways. While a legal separation will address many of the same issues as a divorce, a couple will continue to be legally married. The processes followed during divorce and legal separation are similar, and in both cases, a couple will need to reach agreements on issues such as the division of marital property, child custody, and spousal maintenance. If they cannot agree on certain issues, a family court judge may decide how these matters should be handled.
If a couple is looking for a complete split that will allow them both to move forward into the next chapter of their lives, divorce will likely be their best option. By ending their marriage, separating their finances, and making agreements about how issues related to children or financial support will be handled going forward, they can put their differences behind them and establish separate lives and households. However, divorce may not be the best option if a couple believes there may be a possibility of reconciliation, and some spouses may not wish to get divorced for religious or cultural reasons. Divorce will also eliminate some of the benefits of marriage, such as the ability for a person to be covered on a health insurance policy or receive other benefits through their spouse.