How Is Separation Different From Divorce?

Struggling marriages don’t always end in divorce. Sometimes all the couple needs a bit of time and space to get the perspective needed to work out their differences. If you are unsure as to whether divorce is the answer, the solution might be to try a separation first. A legal separation is similar to a divorce, but does not result in dissolution of the marriage.

The issues that are decided in divorce can also be decided when a couple separates. The laws are the same and are applied in much the same way as when a divorce is filed. Once a request to legally separate is made, the Court will consider the following issues and make decision on how these important matters are settled during the duration of the separation:

● Child custody.

● Whether child support is appropriate and if so, in what amount.

● Who will be responsible for payment of child support.

● Which debts are paid by which spouse.

● What property is awarded to which spouse.

● When a plan to sell the marital residence is part of the agreement, provisions about any profit from the sale will be made.

The Court will also hear evidence on the issue of parenting time with the kids and establish a schedule. All of these things sound suspiciously like a divorce, so you may wonder if there is a benefit to separating rather than going through with a divorce. One benefit is that if reconciliation is in the picture, it is made much easier if the parties have not gone through a divorce. For some, the choice is based on personal or religious beliefs and staying true to those ideals is an emotional benefit of separation vs. divorce. If you need help deciding what is best for you, call a knowledgeable family law attorney for a review of your case.

For answers to your questions about whether to separate or divorce, consult our office. Put our valuable experience to work for you. Call The Sampair Group in Phoenix and the West Valley today to schedule your appointment.