Legal Separation vs. Divorce.
When considering divorce or legal separation, one must learn to walk before running out the door. Whether amicable or hostile, going through a divorce is a difficult and stressful process. The word “Divorce” often carries a unique heaviness to it that causes many people discomfort and anxiety. Even couples who no longer want to stay together are hesitant to permanently end their marriage. For anyone in a similar situation, legal separation can simultaneously offer couples important benefits of marriage, while affording them time to decide on how to move forward.
In South Carolina, this is referred to as an Order of Separation and Maintenance, which simply means that you and your spouse no longer live together. An Order of Separation and Maintenance contains many similar technical and legal elements of a divorce, but does not completely end a marriage.
There is a Risk/Benefit to a legal separation
For instance, you can separate from your spouse and still maintain specific benefits of marriage that would have terminated upon divorce, such as tax cuts and relying on your spouse for continued health insurance coverage. A legal separation also gives couples the opportunity to take a step back and re-evaluate their marriage, while keeping the status quo in place. Speaking directly about couples, separation and divorce, journalist and humorist Helen Rowland once said “it isn’t a sign that they don’t understand one another, but a sign that they have, at last, begun to.”
As attractive as it may sound, there is no guarantee that pursing an Order of Separation and Maintenance will be an easier process than divorce. You and your spouse will still need to make important decisions regarding various aspects of your daily lives as you would in a divorce, such as the division of property and assets. Other areas of consideration are child custody, support, alimony, and insurance coverage. It is when these decisions are made that complications begin to unfold in the legal separation process.
Contact McGrath Law to learn your legal rights.
If you are interested in avoiding potential conflicts, prefer to be fully informed of your legal rights, and want your interests pursued and protected, we invite you to speak with our attorneys at McGrath Law Firm, P.A.
The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible. From spousal support, child support, fault, and equitable division of property and debt to valuations, prenuptial agreements, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (800) 283-1380.