What To Consider When Deciding Between Separation And Divorce

By Gerald A. Maggio, Esq.

orange county divorce mediation attorneys; California Divorce MediatorsWhen you are considering whether to end your marriage or not, you may be in a dilemma. You are uncertain about whether to legally separate from your spouse or whether you want to file for a divorce. Here are some of the things to consider while contemplating between divorce and separation.

Separation does not terminate a marriage but divorce does

You should consider your marriage as a partnership where both the partners share their liabilities as well as assets while the marriage continues. In many states, the general thumb rule is that the marriage is intact even when the parties get separated. Additionally, the financial benefits will also continue. For instance, even if the spouses are legally separated for many years, they continue to share their investment growth, 401Ks, IRAs and other assets if any.

Legal separation can be accomplished through a separation agreement

The agreement may be used for setting the grounds for a settlement in the event of a separation getting culminated into a divorce. The agreement can constitute of issues such as property split, arrangements of child support and other pertinent matter although the parties remain legally married. However, you should be cautious about the legal enforceability of such an agreement since the laws may not be same in all the states. To know the exact details, you can consult a local lawyer to get the exact knowledge on this matter.

Are you trying to cement your relationship during your separation and not given up hopes yet?

You may be dating a new person while you are legally separated. However, you need to realize that it is really tough to proceed in a fresh relationship since you are married even while you are separated from your husband or wife.

Most separations are known to end in divorces

Statistics reveal that in most scenarios a legal separation often ends up in getting divorced. When there are conflicts in a marriage, it is always advisable to go for marriage counseling or see a therapist so that the spouses can work towards keeping their marriages intact and resolve their conflicts. But going for a legal separation may make such task a difficult one.

Duration of your legal separation

How long are you and your spouse planning to be legally separated? So, even a trial separation can drag for several years. As a result, none of the parties feel an urge to cement the marriage or finalize their divorce.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation