Do You Know the Difference Between Divorce and Legal Separation?
Couples in Somerset, PA, and beyond struggle with divorce vs. legal separation. According to the CDC, the United States divorce rate is 2.7 per 1,000 people. The end of a marriage is brutal for both parties and added stress like this can make it worse. Most couples pondering this usually don’t know the difference between divorce vs. legal separation. Not to worry, though, the lawyers at Marc T. Valentine & Associates PC are here to help.
In this month’s blog, our lawyers will discuss the differences between divorce vs. legal separation. In addition, our law firm will explain why you should choose either divorce or legal separation. Marc T. Valentine & Associates PC’s, lawyers are proud to educate our clients in Somerset, PA, about divorce vs. legal separation.
Learn About Divorce vs. Legal Separation in Somerset, PA, and Beyond
There are a few differences between divorce and legal separation. However, both of them require each party to agree on certain factors. These elements are child custody, spousal support, and division of property.
The primary difference between the two situations is that in a legal separation, the couple remains married. In a divorce, the couple is no longer married.
Additional differences may make one option more suitable for one side as opposed to the other. It’s vital for couples to carefully consider the pros and cons of each before deciding what’s best for them. If you live in and around Somerset, PA, and are struggling with this decision, give our law firm a call.
Choose Legal Separation if the Situation is Right
One of the most prominent reasons why people choose legal separation is the possibility of reconciliation. Legal separation can also be a good idea for those who are opposed to divorce due to moral or religious concerns. Other benefits to legal separation include:
Preserving Financial and Legal Benefits
Couples can maintain some of the marriage’s financial and legal benefits while living separately.
Retaining Health and Government Benefits
Legal separation allows for couples to retain social security and other government benefits. Couples can also keep health care benefits in a legal separation, but not in a divorce.
Preserving Property Rights
Spouses may preserve their property rights in the event of their partner’s death in a legal separation. In a divorce, couples completely divide their property. One spouse will not retain any rights to their former partner’s property in a legal separation.
Retaining Tax Benefits
In some cases, staying married can present a tax benefit. Therefore, couples choosing a legal separation may retain their tax benefit.
Understand the Reasons Behind Choosing a Divorce
Married couples who want to end their relationship after deciding that reconciliation isn’t possible choose a divorce. Divorce completely dissolves a marriage, and gives both parties independence from the other. Here are some reasons why couples in Somerset, PA, and surrounding areas choose divorce over legal separation:
The Ability to Remarry
After couples complete the divorce process, both can legally remarry. Legally separated spouses are still legally married and cannot marry someone else.
They Are no Longer the Next of Kin
Divorce dissolves a spouse’s legal right as next of kin. A former spouse cannot make medical or financial decisions for the other in this situation. Legally separated couples can retain the next of kin status.
Divided Debts
Both parties are only responsible for debts assigned to them. In a legal separation, both parties bear responsibility for debts accrued during the marriage.
Contact Experienced Lawyers to Navigate Through Both Situations
No matter which proceeding you and your spouse decide on, having an experienced lawyer by your side is crucial. Lawyers can help you make a decision on divorce vs. legal separation, and guide you through the process. Divorce and legal separation are a stressful time for everyone involved. Experienced lawyers can help you alleviate some of the stress. If you are struggling with divorce vs. legal separation, give our law firm a call today.
Marc T. Valentine & Associates PC’s Can Handle Your Case
The compassionate family law attorneys at Marc T. Valentine & Associates PC can help you navigate through this case. With our experience and skills, you will have a strong defense in court. Our lawyers have developed a reputation as the trusted family law attorney in Somerset, PA, and beyond. Our law firm has your back, and will get you what you deserve.
Clients in and around the Somerset, PA region trust us because of our timeliness and professionalism. We will give each case its own personalized plan. Doing so will help us create the best defense to present to the judge. Contact our lawyers at Marc T. Valentine & Associates today to learn more about our family law services.
Learn about divorce vs. legal separation by calling the lawyers of Marc T. Valentine & Associates PC at (814) 701-2835. Clients can also email our office at any time. We pride ourselves on providing prompt and professional legal representation to clients in Somerset, PA, and beyond. Our clients mean a lot to us, and we strive to serve them in the best way possible. Give Marc T. Valentine & Associates PC in Somerset, PA, a call today to learn more about divorce vs. legal separation.
