Breaking up, legally separating, and divorcing; they all sound synonymous. All of them mean that a couple is ending their relationship. Non-married couples usually use the phrase “broken up” when telling people of the split. But what about married couples? When a married couple decides to split up and dissolve the partnership, they can take one of two common avenues: legal separation or divorce. Many couples do both, starting off with a legal separation and then solidifying the split with a divorce down the road.
Many believe that legal separation and divorce are completely different things in St. Louis County. In reality, they are fundamentally the same thing. They both legally end a partnership of two formerly married individuals. Many also have the misconception that it is a best to first legally separate, and then get a divorce.
Needless to say, there are many considerations to take into account when deciding which route, divorce or legal separation, is best for you and your soon-to-be ex-spouse. While we could talk all day about whether divorce or legal separation is the way to go, the truth is it is different for each and every family’s situation.
When you consult your St. Louis County family attorney, he or she may ask you a few questions concerning the decision between legal separation and divorce. For example, what are the chances you and your spouse would reconcile? Does each of you have dependable health insurance? Do you have young children?
If you answer that you and your spouse could potentially reconcile, your St. Louis County family attorney might recommend that you file for legal separation instead of divorce. Legal separation does not end the marriage completely. To be legally separated, a couple gets a court order that details each spouse’s responsibilities. Separating is a little bit less complicated of a process than divorce; therefore, if there is a chance of reconciliation, why not avoid the finality of a divorce?
As well, if you said that no, you and your spouse do not each have dependable health insurance, a St. Louis County legal separation could be the best solution. If you are both on one of your health insurance plans, legally separated couples are still able to maintain joint health insurance through many employers. Especially in situations where only one spouse was working, this could be an ideal situation to help one spouse get on his or her feet.
When you have young children, you need to think about more people than just you and your spouse. How will this split affect them? If the separation is possibly temporary, do you tell them? Many social workers and child specialists will say that uncertainty and false hope for children when their parents are splitting up can cause more issues than none. The more precise a decision is, the better it will be for your kids.
If you have questions of whether or not a St. Louis County legal separation is the right decision for you and your family, contact Bardol Law Firm, LLC.