What are the Differences Between Separation and Divorce?

When a couple faces trouble, it is important to take the right steps to legally protect both parties. Although the terms may sound similar, separation and divorce have different legal implications. Consulting with Wilmington divorce attorneys will help you choose the best option for your family.

What is the difference between a legal separation and a divorce
Legal separation and divorce have similar outcomes, they create distance between spouses. The court orders matters related to finances, children, and alimony. Both create a division of lives and create rules and boundaries for both parties to follow.

1. Legal separation means a change in the status of your marriage as seen under the law.
In Delaware this is determined more by the parties’ intent than anything else.  If parties physically separate from the marital bedroom due to rift and discord that typically qualifies.  Delaware does not provide for any sort of separate filing to declare parties legally separated.

2. Divorce is the absolute dissolution of the marriage and the marital estate. Knowing how to choose which is best for you can be quite a challenge. An experienced attorney that specializes in family law will be able to assist you in making this decision. Each step in the process can have long lasting legal implications and making the wrong choice could result in a permanent loss of important rights.

Pros and Cons of Separation
Separation has many benefits, however, sometimes divorce is a better option. It all comes down to the unique couple, their needs and preferences.

Pros of Separation:

  • Does not interfere with religious beliefs that don’t allow divorce.
  • Allow for ongoing social security and tax benefits of marital relationship.
  • Gives the couple some time apart but leaves the door open to getting back together.

Cons of Separation:

  • Cannot remarry until a divorce is finalized.
  • Potential ongoing financial liability between the parties.
  • Some insurance companies don’t continue coverage when a separation occurs.

Pros and Cons of Divorce
Divorces can be difficult for both parties, however, there are still some advantages.

Pros of Divorce:

  • Makes separation 100% official under the law.
  • Allows you to remarry.
  • It is a permanent decision that allows you the freedom to go on with your individual life.

Cons of Divorce:

  • Your financial stability may become compromised.
  • It may change the dynamics of life with friends and family.

Seek an Attorney to Guide Your Decision
When it comes to deciding between separation or divorce, it is best to seek the support of a Delaware divorce lawyer. These are matters that have legal implications and must be handled with care. All couples are unique and require individualized solutions.

Take Care of Your Family’s Future
The future of your family is important. Making the right decision when you and your spouse decide to make a change will impact the outcome of the wellbeing of the whole family. Experienced Wilmington divorce attorneys will help you navigate through this decision so that you choose what is best for you.
Call Woloshin, Lynch & Associates today for an initial, confidential consultation.