You are not the only one who is unsure whether to proceed with a divorce or choose a legal separation. It is important to know the differences and similarities of the two options in order to make the right decision for you. It will allow you to determine which benefits you will receive and help you decide if legal separation is right for you. It is also a good idea to consult a Greenville family law attorney for guidance on the best path.
What Are the Differences Between Legal Separation and Divorce?
There are many similarities between being legally separated and divorced. However, there are also some significant differences that can impact the decision you make. Below are some of the most significant differences between being legally separated from your spouse or being lawfully divorced in Greenville, SC:
- Marital Status: You can’t remarry if you are currently legally separated from your spouse. You must be divorced through the legal system.
- Health Care and Benefits: Benefits such as health care and social security could be lost if you divorce. However, if you decide to legally separate these benefits may be retained.
- Decision-Making: While separated from your spouse, you would still legally be married, and you would still be considered the next of kin. You would also be able make financial or medical decisions for one another. This right would be lost if you divorce.
- Liabilities and Debts: You could still be responsible to your spouse’s debts. Debts are dealt with during a divorce.
- Property Rights: You would still be entitled to your property benefits even if your spouse dies.
- Remarry: A divorce can’t be reversed. To reconcile with your ex-spouse later, you will need to remarry in order to get a legal reunification. Reconciliation is much easier when you are legally separated.
The Similarities Between Legal Separation & Divorce
There are many similarities between a legal divorce and a legal separation in South Carolina, as we have already mentioned. These are some of the similarities:
- Alimony or Separation Maintenance
- Support for children
- Visitation with children
- Division of property
Why choose a legal separation over a divorce? A legal separation may be the best option for you if you still want to work on your marriage and think you might be able to reach reconciliation. It will be easier to divorce if you have already dealt with many of the difficult issues involved in divorce.
Call One of Our Experienced Greenville, SC Family Law Attorneys at Hernandez & Cabra Today
A skilled family lawyer can help you decide whether to file for divorce or legal separation. Our Greenville family law team at Hernandez & Cabra has the legal insight and experience to help you navigate any family matter, legal separation or divorce. We will tirelessly work on your behalf to reach a solution that best protects you interests.
Contact our office today at 864-501-4384 for a free consultation.