When should you consider a legal separation instead of a divorce in Louisville? In the state of Kentucky a divorce is not the only way to legally proceed if you are contemplating termination of your marriage. Another option some may wish to consider is known as “legal separation.” Couples who get a formal legal separation are still legally married at the end of the proceedings. However, the court will step in and issue orders on many important and sometimes contentious marital issues.
If live in the Louisville area and you have irreconcilable differences with your spouse, our experienced divorce and family law attorneys will help you determine whether a legal separation is the best fit for your circumstances.
The Benefits of Legal Separation
What are some of the situations where it might be better to consider a legal separation instead of a divorce in Louisville? A legal separation can be the right choice for Louisville couples for a wide variety of reasons. One benefit of a legal separation is that it gives an option to couples who have irreconcilable differences within their marriage, but at the same time have a religious, ethical or moral objection to a divorce.
Another advantage is that it might be the best option for couples who have decided they want to legally enforce time living apart but need to maintain the status of one of the parties as a “spouse” for insurance coverage purposes. This is often a strong solution to consider if one of the spouses faces serious medical issues and would lose medical insurance coverage in the event of a divorce.
A decree of legal separation will help resolve difficult marital issues such as division of assets, division of debts, resolution of child custody and parenting time, retirement accounts, maintenance and more. If you need to stay married you want to ensure you don’t put yourself at unnecessary financial and legal risk. If you are living separately from your spouse without a legal separation you could still be liable for your spouse’s debt and possibly other legal issues.
The Disadvantages of Legal Separation
A legal separation is not necessarily inherently less complex than a divorce, in fact, the grounds for legal separation are the same as those for divorce. The process often involves just as much time, legal assistance and stress as does a divorce. And at the end of the process you and your spouse are still legally married.
Contact One of Our Louisville Divorce and family law attorneys
If you are contemplating the end of your marriage and wonder if you should consider a legal separation instead of a divorce but are unsure of which option is best for you, seek the assistance of one of our experienced divorce and family law attorneys.
We invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.
