The laws of some, but not all, states permit you to pursue a legal separation, according to the American Bar Association Section of Family Law. Legal separation offers you an alternative to ending your marriage through divorce but accessing some of the benefits and protections associated with marriage dissolution proceedings. In contemplating a possible legal separation, developing a checklist of these benefits and protections is a helpful aid to the decision-making process.
Potential Reconciliation
A primary consideration to bear in mind when contemplating a legal separation is the prospect for reconciliation. If you and your spouse reasonably believe that, with some time apart, you may reconcile, a legal separation makes sense. In fact, technically speaking, you legally cannot seek a divorce based on irreconcilable differences if you reasonably believe that a reconciliation is possible, according to Cornell University Law School.
Financial Matters
Your financial situation may dictate a legal separation. For example, if your spouse maintains a family health insurance policy through her employer that includes you, a divorce results in a termination of that protection for you. Pursuing a legal separation maintains the marriage. As long as no divorce occurs, you legally can remain a part of the family health insurance coverage.
Certain tax benefits also exist for a married couple. These benefits can be significant enough in some cases to warrant pursuing a legal separation as opposed to a divorce.
Religious Beliefs
Certain religious prohibits, or frown upon, divorce. Legal separation provides you a vehicle to separate from your spouse and honor your religious beliefs and traditions at the same time. Legal separation does not operate inconsistently with your religion because your marriage does no terminate through the process.
Petition or Complaint
Similar to a divorce proceeding, a legal separation case commences by filing a petition or complaint in the courthouse where you and your spouse reside. Ideally, you and your spouse file the petition or complaint jointly. The clerk of the court likely maintains a selection of standard forms needed for a legal separation, including a petition or complaint.
Professional Help
On your checklist, include taking time to consider hiring a lawyer. Legal separation cases represent complex legal matters. Your rights and interests likely are best protected through experienced legal representation. The American Bar Association maintains resources designed to assist you in finding the right attorney for your case.
