What is Legal Separation? How is Legal Separation Different from Divorce?

A legal separation is a court-ordered process that enables spouses to live apart. They may remain married, but they do not live as husband and wife. Legal separation does not end your marriage. You can continue to be legally separated for several years, during which time you and the person with whom you are separated will be able to make decisions about your lives separately. 

A family lawyer in Milwaukee can help you decide between legal separation. Talk to your lawyer about the advantages and disadvantages of both legal separation and divorce. Both processes are similar, but differ in the circumstances you must meet to get them. For example, if you are not able to pay child support, an order of legal separation will not be possible.

Legal separation may help you and your spouse maintain a closer relationship in the future and can help both of you deal with the pressures of parenting and financial issues. However, it does mean that your marriage is still legally binding even if it is not a strong one.

In some cases when spouses cannot agree on how to divide their property at divorce or do not want to fight over their property (or other family issues), separation may be a solution for them.

Legal Separation Vs. Divorce

Legal separation is different from divorce. Spouses who are legally separated may not be able to get a divorce, and spouses who are divorced cannot be legally separated.

Before you take any action, you should talk to a lawyer about all the options available to you and your spouse. A family lawyer can help you make important decisions that could affect your life, your children’s lives, and the amount of money you pay in taxes. 

Divorce can have financial implications. If you had any debts during your marriage, you might have to pay them back before your divorce is final. If you have a mortgage, this can be a significant financial burden if the value drops after your divorce are final.
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Legal separation is sometimes a more attractive option for couples who want to remain married, but want to live separately for a period of time.
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In some cases, it’s preferable to divorce because it saves the financial and emotional costs associated with splitting up households, but in other cases, it can lead to a quicker dissolution of the relationship when both spouses agree that they will no longer be together. If the spouses do decide to end their marriage legally, then they can file for divorce.

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