There are certain circumstances where a married couple might seek a Legal Separation instead of Divorce. There are some similarities but also some stark differences between the two.
Why Choose a Legal Separation?
Some couples choose to be legally separated due to:
- religious beliefs,
- healthcare needs of a spouse,
- complex marital property and asset holdings,
- co-ownership of businesses,
- in order to remain beneficiaries of a trust, or
- to see if the marriage can be reconciled by counseling or passage of time.
What Happens During a Legal Separation?
The couple “legally separates” in the eyes of the court and assets and property are divided, awarding of alimony and how much and for how long is decided, debts are divided, and child custody is established and child support is awarded.
How is Legal Separation Different Than a Divorce?
A divorce grants a person the right to remarry, a legal separation does not. A legal separation may also not protect a spouse from some debts, bankruptcy, or being named in a lawsuit along with their spouse. If a couple is discussing the end of their marriage and one wants a legal separation and the other wants an absolute divorce, the absolute divorce will go forward in the court without the consent of the spouse wishing for legal separation.
Hire an Experienced Legal Separation Attorney
If you and your spouse are considering legal separation, give us a call at (615) 444-3995. Our experienced Family Law attorneys can help you navigate the laws surrounding legal separation and explain what you can be protected from and what you may not be protected from under the terms of the separation agreement. We can prepare your agreement and file it with the Courts to ensure you are protected.