There are often times when the terms separation and divorce are used synonymously, when in fact they are two different situations that also hold different legal weight as well. There are different steps that can be taken during the process of separation to then reach a potential end goal of a full and final divorce. The legal system allows for different stages of the divorce process to help each individual family figure out what the appropriate next steps for their situation. Going through marital struggles are emotionally difficult and it can be hard to know which path you want to take and what will be the right choice for your circumstances. Knowing the difference between legal separation and divorce will help understand these paths so you can ultimately decide where it will be best for you to end up throughout this process.
Separation Agreements
In many cases, a separation agreement comes before a divorce and gives the two different parties time to either come back together without ending the marriage, or to have them choose to go forward with ending that marriage. This formal agreement to separate will come with a written separation agreement that is similar to a divorce agreement, where property and assets can be split up and items like child support and custody are brought up. Separation means you are still technically married but have the options to agree on different aspects of your life as they are split up and pending a reconciliation or ending up in divorce.
Different Marital Status
Your marital status refers to the legal relationship between you and your partner. This status can be single, married, separated, divorced, or widowed. The fact that separated and divorced have their own legal category shows that they are two statuses. When you are separated as a married couple, you have the options to either file your taxes separately or together depending on your agreements. When you put down that you are separated from your spouse, you are legally acknowledging that you are still legally married while not physically together. If you ever decide to go forward with a full on divorce, you would then just file your taxes separately as a single status. Toledo family law attorneys can also help you figure out what legal separations means for you in terms of your taxes as well.
Choosing Separation or Divorce
For many people, making the decision to divorce has many consequences and some might not be able to due to their circumstances. There are some states that require a certain amount of time before you are able to file for divorce, making separation a simple choice to make until a divorce can be finalized. There are tax and insurance benefits that can be used if separation is chosen instead of divorce. Whatever your choice may be, always consider consulting a lawyer to see what will be in your best interests and give you the best chance of finding happiness in the end.
