Legal Separation vs. Divorce: What's the Difference?

Deciding to end your marriage can be one of the most challenging and stressful decisions a person can face. Legal separation and divorce are two ways to separate from your spouse. However, they have significant differences. Understanding these differences is key to deciding which process is right for you.

What Is the Difference Between Legal Separation and Divorce?

Understanding the difference between legal separation and divorce is key to deciding which process is right for you. Our lawyers can explain your options, help you decide which process is best for you, and provide legal advice and representation to help move you forward.

Legal Separation

Legal separation is often best for people seeking distance from their spouse but who are not ready to end the marriage due to personal, financial, or religious reasons. When a couple seeks legal separation, they remain legally married but formally separate and live apart. Typically, legal separation involves a formal agreement or court order that specifies each partner’s rights and responsibilities regarding child support, spousal support, and debt management.

Benefits of Legal Separation

• Legal separation may be the best option for people who are unsure about ending their marriage or who wish to use it as a trial period to help them reach an agreement before seeking a divorce.
• This process is often appealing for couples with young children who wish to stay together for their sake, or who are not 100% sure about ending the marriage.
• Couples may choose legal separation if they need to maintain insurance coverage or other financial benefits, such as filing income taxes jointly.
• While divorce no longer carries the same stigma it once did, some couples wish to avoid divorce for religious or cultural reasons.

Disadvantages of Legal Separation

• Legal separation is often not the best option in situations involving abuse or domestic violence.
• Divorce might be a better choice if there are no financial or legal benefits to remaining married.
• If you know there is no possibility of reconciliation, legal separation will only prolong the marriage and could result in additional and unnecessary expense.

Divorce

A divorce is the legal end of the marriage. During a divorce, the couple will need to agree on child support and child custody, spousal support, and division of assets. If the couple cannot agree, the court will schedule a hearing, admit evidence and issue an order on these matters.

When Divorce is the Best Option to End Your Marriage

• Divorce may be the better option when a couple is ready to completely end their marriage and separate so each partner can build a new life.
• When a couple agrees on all aspects of their divorce, including division of assets, spousal support, and child custody and support, they may be eligible for uncontested divorce. If they cannot agree, a contested divorce may be necessary.

How Our Family Law Attorneys Can Help

If you are considering divorce or legal separation, Lydon Law can analyze your situation and help you choose the best option. We will learn about your situation and provide legal advice and guidance to help you make decisions that work best for you, your family, and your unique circumstances.

Our lawyers can explain the benefits and drawbacks of legal separation vs. divorce, and help you determine which choice is best for you. We will listen carefully to your concerns and develop a plan to protect your rights and your future as we work to move you forward.

With offices conveniently located in Nashua and Portsmouth, Lydon Law represents people throughout New Hampshire and Massachusetts. Our commitment to our client’s well-being is unwavering, and we will work to ensure you and your family are in a better situation than when you came to us.

Contact Lydon Law Today

To learn more, contact Lydon Law today to schedule a confidential appointment to discuss your situation and how we can help.