Many couples choose to separate without a court order because it is easier and avoids costly court proceedings. The growing trend of no-fault informal separations and divorces makes the formal process of legal separation increasingly rare. Married couples may be going through a difficult time, but may not want to divorce. If they need time to process their emotions, they may want to be separated legally. Legal separation allows the spouses to retain the tax benefits of marriage. You may also be able to retain health benefits. Other couples may not want to violate their religious beliefs by divorcing. Each case depends on the couple and spouses involved. There may be several reasons for this. However, it is important to remember that legal separation is not the same concept as divorce. A divorce ends the marriage, not a legal separation.
For legal separations, spouses may have the space they need to be alone, but they must divorce to legally end their marriage. Financial reasons: A big advantage is the financial side. As part of a legal separation, both parties retain their medical, life and other insurance benefits. If a marriage has lasted long enough, both members can receive Social Security benefits from the other. The tax benefits continue even after the legal separation. Cultural or religious reasons: Many religions and cultures discourage or prohibit divorce. In the context of legal separation, both parties can retain their legal status as a marriage while living separately. Some couples who separate may never choose to marry. Since couples who separate are still legally married, they still enjoy the many benefits of marriage. Separated spouses are always entitled to participate in family health insurance, to receive a spouse`s pension and to benefit from tax benefits by filing a joint declaration. In some cases, the benefits of marriage may outweigh the benefits of divorce. Legal separation allows these spouses to retain the benefits of marriage while leading a separate life.
It is important to note that since legally separated couples are still technically married, they will not be able to remarry during this period. Full divorce is necessary if one of the spouses wishes to remarry. It is important to take a legal separation as seriously as a divorce, as both are court orders that contain duties and obligations that each party must legally abide by. If the couple divorces later, judges can consider the details of the separation agreement when deciding on a divorce. In addition, a legal separation is often less expensive than a divorce, and many parents find that their children are better able to adjust to a divorce if they legally separate first. A legal separation can also suspend the divorce process. It allows a couple to discuss all the essential issues such as financial and custody matters while remaining married to determine if they really want a divorce. Unlike divorce, where there is no turning back, a legal separation can be annulled.
Are you considering a legal separation from your spouse? Call Berenji & Associates` family law attorneys in Los Angeles to request a free consultation and learn more about the process. Our lawyers are dedicated to helping spouses deal with complex family law issues. We understand that this can be an incredibly emotional moment for you and we will fight to bring you the desired result in your case. The sooner you ask us for help, the sooner we can help you start building a new future. Deciding whether to divorce or separate is usually a matter of personal preference. Some people have personal and religious beliefs that prohibit divorce, so legal separation allows them to keep their marriage while still being able to live a separate life. In the event of a legal separation, you stay in touch with your spouse. In addition, you will still be entitled to various benefits, such as pensions and social security, which pay benefits to surviving spouses. It is important to note that not all states allow legal separations. In these states, you need a divorce to separate financially from your spouse.