Would a legal separation be better than a divorce in your situation? What is a legal separation and how is it similar to yet different from a divorce? In what scenarios would a legal separation be better than a divorce?
A legal separation in Kentucky is very similar to a divorce in many ways. In a legal separation the parties in a marriage may wish or choose to stay legally bonded together while separating property and resolving other issues such as child custody and parenting time, issues of spousal maintenance and the distribution of marital property.
When the legal separation is completed you are financially separated from your spouse or partner and are no longer responsible for their debts. Each of you will have your own separate property, as well as separate financial, investment and retirement accounts.
One of the most common reasons for a legal separation is based in religious principals. There are some faiths which specifically prohibit a divorce or which may limit it to very specific circumstances. Another common issue is health insurance. Health insurance coverage is not affected by a legal separation. A significant illness, condition or ailment may require the continuation of existing insurance. In many cases, a substantial health issue would not be covered by newly obtained health coverage after the completion of a divorce.
In what other circumstances would a legal separation be better for your situation than a divorce? Kentucky has specific residency laws regarding the filing of a legal separation. Either you and/or your spouse or partner must have resided in Kentucky for at least six months and established residency in the county in which you wish to file your case. Kentucky permits you to be legally separated for a period of one year.
Would a legal separation be better than a divorce in your unique circumstances? You may be considering one of the challenges above or you may simply wish to keep the door open to a reconciliation in the future. The experienced family law attorneys at Dodd & Dodd Attorneys, PLLC have decades of experience in Louisville divorce cases. We invite you to contact us or call 502-584-1108 to learn more about a legal separation or to schedule an appointment.
