Saturday, July 20, 2024

Three Notable Disadvantages of Legal Separation

A lot of married couples tend to have varying notions regarding legal separation. Some see it as a stage before divorce to mediate and reconsider their relationship’s dissolution. Some see it as extra time to discuss the legal terms and conditions regarding spousal support, child support, custody, visitation, and other issues that may arise after a divorce. 

Whether the separation will suit your case entirely depends on your situation and relationship with your partner. Many couples end up reconciling after being distant for some time, while others develop firmness and confidence in their decision to divorce after the end of the separation period. Consult Foothill Ranch Divorce Attorney to determine the most suitable divorce option for your case.

Disadvantages of Legal Separation

Just like every other thing, legal separations also tend to have certain disadvantages. 

These disadvantages are as follows:

  • Complexity

In terms of complexity, legal separation is not much different than divorce. Like divorce, separation also requires a lot of paperwork, effort, time, and legal guidance for a smooth completion. 

Legal separation of couples involves property distribution, divisions of assets, and debts between both spouses. They go through the same division procedures as divorced couples. This implies that if the legally separated couple ends up divorcing after the separation period, they will have to go through the process again. And the couples who end up reconciling will feel like they have already gone through the exhausting divorce process.

Along with that, legal separations go through litigation and trial proceedings. Suppose the couples disagree on issues regarding child support, custody, and division of assets. In that case, they will be settled by court intervention which can be as exhausting as divorce litigation. Instead of wasting money and time on a legal separation, the couples can informally separate from gauging the potential of reconciliation. If there is no chance of reconciliation, the couple can go for divorce.

  • Stress inducing

Legal separations are as stressful as divorces. It may appear as a trial to see if reconciliation is possible in a failing marriage, but it often makes matters worse. This is because of the stressful nature of the separation process, which causes more harm than good in preserving the relationship.

The complications of a legal separation can be mentally and financially taxing. This process often ends up being the final nail in the coffin as the relationship is already in a delicate situation.

An informal separation can be helpful if a couple is going for legal separation to check the chances of relationship betterment through distancing. It is less burdening and serves the same purpose as a legal one. 

  • Unnecessity

Many couples believe that legal separation is integral to the divorce process. They think this helps in finding the outcome of the marriage.

However, this is not entirely true. An informal separation can help the couples look for reconciliation and figure out the ultimate direction of their marriage. They help the couples realize if staying away from each other is beneficial or if they can do better together without the unnecessary legal costs and hassle.

Patch Sagan
the authorPatch Sagan