Legal Separation vs Divorce

How Can Our Smithtown Family Lawyer Help You?

Not every marriage can have a storybook ending. While unfortunate, it is just a fact of life. If you find your marriage beginning to crumble, it’s essential to know what your options are. At Simonetti & Associates, we’ll be there to help you through this. Our Smithtown family lawyer would like to inform you of the differences between legal separation and divorce to help you decide on which to choose.

What Is A Legal Separation?

Although divorces may be more common, there are situations where couples looking to split can benefit from going through a legal separation. A legal separation involves a court order that mandates the rights and duties of a couple living separately but is still married. In cases of divorces, the court rules on the rights and responsibilities of a couple when they are no longer legally married. Because you are still married during a legal separation, there are a few things both spouses can retain that they wouldn’t when getting a divorce, which includes:

  • Healthcare and social security benefits
  • Marital status
  • Debts and liabilities
  • Property rights

What Happens During A Divorce

If you don’t want a legal separation and are looking to go straight towards a divorce, our Smithtown family lawyer can help. Divorces are more extreme than legal separations, as it nullifies the former marriage. Couples that choose to go through a divorce will find the court making rulings on the below, which can be viewed as pros and cons, depending on the situation:

  • Child support and alimony
  • Visitation rights
  • Custody rights
  • Property division
  • Asset and debt dispersion

Who Should Choose What?  

Trying to choose between a legal separation and a divorce can be a difficult task. However, our Smithtown family lawyer will be able to help. Couples looking to work through any personal or financial situations that affect their marriage may benefit from a legal separation. Once these issues are resolved, you can find the relationship vastly improved, allowing you to return to your previous living situation without remarrying. However, couples who see no possibility of reconciling their marriage should consider going through with a divorce.

Contact Our Smithtown Family Lawyer

At Simonetti & Associates, our team wants to help you. If you’re choosing between a legal separation and a divorce, our Smithtown family lawyer will help you reach the best decision. To schedule your free consultation, be sure to contact us today!

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