divorce paper

Making the decision to part ways with your spouse can be difficult at best. While many couples choose to move directly to divorce once they decide that staying married isn’t in their best interest, divorce isn’t the only option you have at your disposal. Your Valencia family law attorney can help you file for legal separation or divorce. But before you make your decision, you need to understand the difference between the two options. 

The Differences Between Separation and Divorce

Both legal separation and divorce help you divvy up your assets and live apart from your spouse, but they accomplish this in different ways. When you pursue legal separation, you and your spouse will separate assets, divide up your property, create child-raising agreements as needed, and typically move into separate homes. However, you agree to stay married in the eyes of the law. That means you can’t get remarried if you fall in love with someone else.

When you pursue a divorce, you divide up your property and assets, just like you would during a legal separation. But by the end of the proceedings, you and your spouse will no longer be considered married in the eyes of the law. That means you’re free to remarry if you so choose.

How to Decide Which Option to Pursue

Though both legal separation and divorce can help you and your spouse get some much-needed space, one may be better suited to your needs. Here are a few things to consider as you decide whether to pursue legal separation or divorce with help from your Valencia family law attorney. 

Identify Your ‘Why’

Before you make your decision, think about why you and your spouse are separating. Is it because the marriage is completely over and you can’t imagine your relationship improving? Or do you just need space and a blank slate to help you reevaluate your priorities without terminating the marriage altogether? If your relationship is irreconcilable, divorce may be a better choice. But if you think you and your spouse may be able to work things out in the future and neither of you is ready to end things completely, a separation may be the right fit.

Think About Your Situation

One of the biggest benefits of legal separation is that you and your spouse are able to maintain joint benefits. This means if your spouse is on your health insurance plan and you legally separate, they won’t experience a lapse in coverage. If your spouse is ill or has chronic health issues, legal separation can help them maintain their health coverage and buy them time to find a health insurance policy through an employer or the marketplace.

Consult With a Valencia Family Law Attorney

Of course, the best way to decide between legal separation and divorce is to consult with your Valencia family law attorney. They’ll be able to explain the pros and cons of both options and can make recommendations based on your unique situation and needs. At Jackman Law, we know that every relationship is different. Our team will take the time to fully understand your situation and help you make the best decision for your well-being. Contact us today to schedule a free consultation.