If you are thinking of divorcing your spouse but you are facing some complications, you should consider a legal separation. Here are a few situations in which legal separation works just fine:
If Your Religion Frowns Upon Divorce
There are religions that discourage divorce and try to encourage disillusioned couples to try and reconcile. Although the decision to reconcile with your partner or go your separate ways is entirely up to you, you don't have to get a legal divorce if you opt for the latter option. You can opt for legal separation if you don't want to create waves within your legal community but you don't want to remain married to your partner either.
If One of You Will Soon be Eligible for Government Benefits
The government has a number of conditions that you have to meet if you are to receive your partner's social security benefits. One of these conditions is that you must have been married for at least ten years to that partner. Therefore, if you have been married for, say, nine years, it makes sense to opt for legal separation (in the meantime) instead of divorcing. That way, you will still be entitled to the benefits when you divorce after hitting the ten-year marriage mark.
If One of You Depends on the other's Insurance Coverage
There are forms of insurance coverage or benefits that are restricted to one's partner and children. A classic example is employer-offered health insurance, which is usually restricted to a person, their partner, and minor children. If one of you depends on such insurance coverage, and it would be difficult for them to get their own individual coverage, then you can opt for a legal separation so that the affected person doesn't suffer unnecessarily.
If You Aren't Fully Sold On the Idea of Divorce
It's also a good idea to try legal separation first if you are thinking of divorce, but you haven't exactly made up your mind. Maybe half the time you think of divorcing your partner and half the time you can't imagine living without them. In such a case, you can opt for legal separation as a trial divorce; you can then reconcile or opt for actual divorce after the separation period.
If You Haven't Met the Residency Requirements for A Divorce
Many states have residency requirements that require at least one spouse to have stayed in the state for a predetermined period before they can file for divorce. This doesn't mean, however, that you will be forced to stay together until you meet the residency requirement. Instead, you can opt for legal separation until you meet the residency requirements.
It's best to consult a family lawyer, like Scott Lyons Attorney at Law, before making a definite decision. The lawyer will assess your situation, advise you on your rights as well as the pros and cons of both divorce and legal separation with regards to your situation.
