Should I Get a Legal Separation or a Divorce?

i want a divorce

Please help! My marriage is going through a difficult phase. I’m confused about whether to go for legal separation or divorce. Thanks

from a concerned member

You’ll find more about this answer in our article “Divorce or Legal Separation?“.

This is part of our category of information about – Legal Separation!

Legal separation and divorce are two different legal processes with different outcomes. If you’re still not sure where the marriage is headed, it’s best to get a legal separation as you figure out things but keep yourself protected.

Divorce will completely cut you off from your spouse and give you the “single” status once again, but a legal separation only asserts that you want to live separate and apart. If your marriage is completely broken down with no plans to reconcile, you can consider divorce. But if there’s still hope, consider legal separation as it is temporal, unlike divorce.

If your religion doesn’t support divorce or you just wish to live separately without dissolving your marriage, then you can pick legal separation. Other concerned couples choose legal separation because of their kids’ well being and only divorce once the kids are all grown.

While a divorce cuts off any marital benefits such as pension, health insurance, and social security, a legal separation doesn’t.

Or, if you’re still hopeful that you will save your marriage, then separate as you try to solve the problems. If you’re sure there’s nothing to save and one of you is currently or planning on dating someone else, then divorce is your best bet.

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