Marriage vs. Legal Separation in Elizabethtown

Reaching the conclusion that a marriage is not working is never easy. Typically, it takes months, even years, of trying to make the marriage work before either (or both) party decides it is time to dissolve the marriage. At that point, one party typically begins the divorce process by filing a petition and all additional documents in the appropriate Kentucky court. Sometimes, however, the parties agree to a legal separation instead of a divorce.

Legal Separation in Elizabethtown

In Elizabethtown, there are several reasons why a couple may decide to pursue a legal separation instead of a divorce. One common reason is practical in nature. If the couple has been married for a number of years, divorcing could cause one party to lose out on much needed benefits. If the couple is older, replacing those benefits could prove to be costly at best and impossible at worst. Therefore, a legal separation may make more sense from a practical standpoint.

The other common reason why people choose a legal separation in Elizabethtown instead of a divorce is to use it as a sort of “trial” divorce. A legal separation allows you to divide all assets and debts and live apart without the finality of divorce. If the couple decides the legal separation was for the best after a designated period of time they can convert the separation into a divorce proceeding.

That brings up the final reason why people sometimes prefer a legal separation in Elizabethtown – religious beliefs. For those who have a deeply held religious objection to divorce, legal separation is the only alternative if the marriage is unhappy or even abusive.

All of the issues that are addressed in a divorce are addressed in a legal separation, including custody of minor children, support, and division of assets and debts. In fact, the only real difference between a divorce and legal separation, aside from some benefit issues, is that if you are divorced you have the right to remarry whereas a legal separation does not allow you to remarry.

If you are at a point where you believe your marriage is no longer happy or healthy it may be time to consult an experienced Elizabethtown divorce attorney to decide whether an outright divorce or a legal separation is better for you and your situation.