Divorce is never easy on a family. But did you know that there is another option aside from divorce? A legal separation is also an option for a married couple that is struggling. If you and your partner are thinking about splitting up, take into consideration whether a divorce or legal separation is best for your family. It doesn’t matter if you choose to go the route of divorce or legal separation, the courts are going to play a large role when it comes to deciding factors in the relationship.
A divorce is very official and is the complete dissolution of a marriage. Once you are divorced, your marriage is terminated and you are not legally married. This means the division of property and finances will be done through the court. The court will also make decisions when it comes to child support, alimony, and child custody. Divorce is often a good decision if you are sure the marriage is over and if you feel that the courts will make the fairest decision for your family. This is especially beneficial for those going through any financial or personal issues.
A little less official of a break-up is a legal separation. Legal separation is when a married couple remains legally married, but follows a court-order to live apart and be recognized as legally separated. This is not a common option, however, it can be best for some families. If you are unsure if your marriage is really over and think there is hope for your relationship, a trial separation might be the best situation. A legal separation is often used to help the family ease into the changes.
There are important things to keep in mind when deciding which is best for you and your family. When it comes to a divorce, benefits such as healthcare are completely terminated, but not during a legal separation. After a divorce, you can legally get remarried, but during a legal separation, you are not able to remarry. Under a legal separation, your partner is still considered next of kin and have their input on medical and financial decisions, whereas with a divorce, you are not legally considered next of kin.
Divorce is not the right option for every family and either is legal separation. This is where divorce mediation might come in handy. Always consult with a Santa Clara divorce mediation attorney to help you decide if this is the right option or if legal separation is the better option. The legal team at Santa Clara Law Group can help provide you the legal advice and guidance you need to go through with divorce mediation. They can also serve as a divorce mediator, providing fair and equal representation to both sides.
