In certain situations, legal separation may be a reasonable alternative to divorce. Legal separation will often involve the same issues as a divorce (e.g. shared property, shared debt, child custody, spousal maintenance, etc). The main difference is that in a legal separation both parties are still considered “married” in the eyes of the law so neither party can lawfully remarry.
Reasons for deciding to legal separate as opposed to filing for divorce include, but certainly are not limited to the following:
- Separated spouses, while living apart, can still benefit from some financial benefits;
- Separated spouses can remain married for purposes of religious preferences;
- Separated spouses may be able to continue filing taxes jointly (this is all dependent on each couple’s individual circumstances); and
- If separated spouses are simply uncertain if divorce is the right decision to make, a legal separation can provide them with a general feeling of what it would be like to be divorced, and whether or not they may wish to rekindle their relationship.
If divorce may seem like an extreme measure to resolve the differences you have with your spouse, then legal separation may be the option that will make the most sense for everyone involved. Since legal separation typically involve complex legal issues, it is important that you seek independent legal advice to navigate this process and to ensure that your rights are protected and you remain aware of any obligations that you have.
Shane McClure has vast experience in all array of family law matters, including court appearances and can advise on the necessary documents required for starting a new relationship, ending a relationship, parenting disputes, and property disputes. Click here to contact us and make an enquiry. Shane McClure has the understanding and compassion to help you move forward into the future.
Works tirelessly to protect the things that matter most to you
Real World Resilience
Shane translates his life experiences into practical legal advice.
Shane works hard to understand your story.
Shane doesn’t give up, give in, or quit.