Marital discord can bring a couple to the breaking point where ending their marriage feels like the only option that they have.
However there is a range of options available which are counseling, separation (which includes legal separation) and finally divorce. Most are familiar with what divorce entails but few really understand what separation is and more specifically what legal separation is.
A legal separation is like a divorce except that you remain married. Both a divorce and a legal separation use the court system to deal many of the same issues that arise when a marriage has failed. These are division of assets and property, division of debts, child support, child custody, alimony, and visitation rights.
In short, the courts define the your responsibilities and rights as well as those of your spouse. Since it uses the legal system, the expenses of a legal separation are similar to that of a divorce.
However, because you are still married, your wife will continue to use your name and you can’t marry another person. As you well know, bigamy is illegal.
There are a number of practical reasons for choosing a legal separation over a divorce:
1.) It allows you to retain certain social security benefits which would be lost if you didn’t stay married for at least 10 years.
2.) Your health insurance coverage under your marriage doesn’t get interrupted.
3.) Your religion doesn’t allow divorce or there is a great stigma against it.
4.) A legal separation isn’t quite as final as a divorce. Your option to save your relationship and get back together with your wife is still open. If you decide that you wish to be together again, the legal separation can be ended.
5.) You are protected from any debt incurred by your spouse while separated.
A legal separation is a serious and life changing step to make. Before proceeding, consider counseling first. If you’re beyond the point of using a marriage counselor, then consult a lawyer about the terms of a legal separation and whether or not divorce is in your best interest.
Little known divorce tactics and strategies – See Men’s Divorce Tactics.
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