Legal Separation VS Divorce: Which is Better?
When a married couple decides to split up, there are several ways for them to go about the separation process. Two of the most popular options are legal separation and divorce. The decision to become either legally separated or divorced is a personal one, but an experienced divorce attorney can provide advice on which option is better for your specific situation. Carlson & Work has several knowledgeable Reno divorce attorneys available for a consultation on the legal separation and divorce process.
Legal Separation
Legal separation is a court-ordered agreement that states that you and your spouse wish to be separated and no longer live together but are still married. While you are still married in a legal separation, you will have the rights and obligations of being divorced. This does not mean, however, that you will unquestionably end up terminating your marriage. A legal separation may be beneficial for you if:
- You need time apart from your spouse to work out your problems.
- You want the tax benefits of continuing to file your taxes jointly.
- You are a part of a religion that does not condone divorce.
- It is financially beneficial for you to stay married.
- You have minor children.
- There is uncertainty about permanently terminating your marriage.
Divorce
A divorce, unlike a legal separation, is an official end of a marriage by a court. Divorce is permanent and extremely difficult to appeal. It terminates any rights that you have to make decisions for your spouse, while a legal separation does not terminate these rights. A divorce also results in the loss of your rights to your spouse’s health care. A divorce may be beneficial for you if:
- You are certain that your marriage is over.
- You want to protect your finances from your spouse
- You want to get remarried.
- You want to remove all connections that you have to your spouse.
How to Legally Separate
A legal separation is often fairly simple to obtain in Reno, Nevada. First, the couple must fill out and submit the legal separation documents to a court clerk. A divorce attorney at Carlson & Work can assist you with completing and submitting these forms. It typically takes around six months to a year to obtain a legal separation, but the process is easy to reverse if the couple changes their minds about the separation. A legal separation tends to be far cheaper than a divorce as well.
How to Get a Divorce
The process of getting a divorce is oftentimes lengthier and far more complex than a legal separation. It is recommended to contact a divorce attorney for help with the divorce process.
If you are located in the Reno, Nevada area and are interested in splitting from your spouse, and want to know more about legal separation or divorce, contact Carlson & Work today at 775-386-2226. Our qualified divorce attorneys are available to guide you through the process.
