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I am Considering Divorce. Is Legal Separation an Option?

Marriages fail for a variety of reasons. However, with the help of a tenacious attorney, you can  rebuild your life. Divorce is one option. However, depending on the circumstances of your marriage, you may go through a contested or uncontested divorce.

While an uncontested divorce is quick and cost effective, a contested divorce can last weeks and even months. For some people, separation is a better option. At first glance, legal separation looks a lot like divorce. You live in a different location from your spouse and you determine who gets custody of your children. However, on paper, you are still legally married.

Below are the benefits of separation:

  • Possibility of reconciliation. First, separation may be the right choice for you and your spouse if you are having problems but feel that divorce is too permanent. Separation allows you to reconcile with your spouse if after a period you are able to work things out.
  • Tax benefits. Since you are still legally married, you can continue to file your income taxes as a married couple.
  • Religious benefits. Separation is also the right choice for you if you or your spouse practice a religion that does not approve of divorce.
  • Insurance benefits. Lastly, separation is a good choice if a couple would like to retain employer-based health insurance benefits.

Legal separation may be the first step toward reconciliation or toward ending a marriage. Either way, though, you need an experienced and committed attorney who can advise you and protect your best interests throughout the process.

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Published In: Family Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Bryan L. Salamone and Associates P.C. | Attorney Advertising

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