Divorce or legal separation -- Which one to choose?

Many married couples in Kentucky develop some relationship problems at times. However, not all rush to file for divorce when conflicts arise. Some couples choose to file for a legal separation, in which an agreement similar to a divorce agreement is signed, which may be converted into a divorce agreement if the ultimate choice is to file for the dissolution of the marriage. The couple will remain married but live separately with a separation agreement that will outline the responsibilities and rights of each spouse.

The agreement will cover child support, custody and visitation if there are children, along with property and debt division and spousal support. If the couple decides to go ahead and change the separation to a divorce after the required period of a legal separation, the court may assume that the separation agreement carried the satisfaction of both parties and simply convert it into a divorce decree. However, if some aspects of the separation agreement proved unworkable, one or both spouses may ask for a new divorce agreement.

Couples may choose a legal separation to work out differences and resolve conflict or to continue receiving medical and other benefits to which a divorce will put an end. For those whose religions prohibit divorce, separation may be a solution. Military spouses may benefit more from waiting until the marriage has lasted 10 years before filing for divorce.

When a person in Kentucky is unsure about whether a legal separation or divorce is suitable for his or her circumstances, it might be wise to gain the necessary knowledge to make informed choices. Drafting an agreement for a separation is as important as a divorce settlement agreement because he or she may be bound by it in the long-term. The support and guidance of an experienced Kentucky divorce attorney might provide answers that could ease the process.

Source: liveabout.com, "What is the Difference Between a Legal Separation and Divorce?", Cathy Meyer, Oct. 9, 2017

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