What’s the difference and how do you know which works best for you?
Sometimes, when a couple wants to go their separate ways, divorce isn’t
always the answer. The biggest difference between a divorce and legal
separation is a divorce ends the marriage, while legal separation does not.
For example, famous couple Bruce and Kris Jenner filed for legal separation
this past October. The couple claimed they will always remain best friends
and a divorce isn’t in the works. You might be thinking, why? What
is the point of a legal separation? Although we might never know the truth
behind Bruce and Kris Jenner’s separation, below are following possible
reasons that a couple can file for legal separation.
- For religious or other reasons it is not acceptable for the parties to
divorce; however, they do not wish to live with or be financially tied
to the other spouse.
- Although the relationship has broken down, one spouse has a serious medical
condition and needs to continue on the medical coverage afforded by the
other spouse’s policy.
- The spouses wish to keep living together; however, one spouse cannot
control their spending or simply is not good with money and the financial
strain is putting a burden on the family.
- At the beginning of a case, if a spouse may not be sure if they want
to proceed with a divorce.
From a legal standpoint, the process of legal separation is the same as
a divorce. It requires the same disclosure of assets and debts, allocation
of those assets and debts and drafting the necessary documents to compete
After the process is finalized, the parties are legally separated BUT not
divorced. If after a period of time, one or both of the parties want to
divorce they will have to file another action, pay another full set of
filing fees, and go through the whole process again although most, if
not all, of the issues will already be settled from the legal separation
Owens and Perkins, Scottsdale family law attorneys, are experienced in
both legal separation and divorce, as well as other family law matters.
Please contact one of our family law attorneys for a consultation to discuss
what works best for you and your family at 480.630.2464.