Benefits of Legally Separating Before a Formal Divorce
An Overview
Divorce is not the only way to end a marriage. Many couples file for legal separation before getting a divorce. A legal separation is a written agreement approved by a court of law that addresses the rights and responsibilities of each spouse while living apart but still legally married. Although deciding between legal separation and divorce eventually comes down to personal preference, there are still various benefits of legal separation before filing for a divorce. Couples who wish to leave the option of reconciliation open or ease into a less stressful divorce process may choose to get legally separated instead of divorced with the expert advice of a family law attorney. Read on as Spunt & Carin acquaints you with the benefits of legal separation before filing for a divorce.
Benefits of Legal Separation Before Divorce
- Quality of Life
When a couple divorces, they tend to lose access to the financial advantages of marriage. Many couples share benefits such as social security payments, filing joint taxes, health insurance coverage, etc., provided by either of the spouses’ employers under a family plan.
Legal separation allows both spouses to keep receiving these benefits without filing for a divorce. Living apart and remaining married will enable spouses to maintain a good quality of life while ending their responsibilities and obligations to the marital relationship.
Nevertheless, choosing a legal separation in exchange for marital benefits is usually a short-term decision. If either of the spouses wishes to legally marry someone else, they must file for a divorce. But if both parties are on good terms and want to share marital benefits until each spouse has the opportunity to establish their own benefits arrangements, legal separation remains the best choice.
- Legal Separation Allows You to Prepare for Divorce
Regardless of how amicable your divorce may be, the divorce process is usually long and often complicated, especially if valuable assets or children are involved. The divorce process comprises several other legal matters, such as child support and custody, division of property, and alimony. All of this must be established before the divorce is concluded.
During a divorce, stress is usually relatively high and can worsen divorce battles as both spouses reach a new level of frustration and stress along with the process.
Legal separation allows you to tackle different aspects of divorce, such as dividing marital property, making a child custody arrangement, etc., more calmly. Without any legal fees and court timelines over their heads, both parties can find navigating these legal conflicts significantly easier during a legal separation.
- Possibility of Reconciliation
For partners who are not quite sure whether they want to end their marriage, spending some time away from each other can be incredibly valuable. By taking time apart from your partner before filing for a divorce, you get plenty of time to make sure divorce is the right option for you. If it is, you can then feel confident moving forward in the divorce process.
Legal separation can allow both partners to reconnect with other aspects of life they felt were missing during their marriage. If both spouses are willing to reconcile, they can use the time apart for marital and separate counselling sessions to help resolve any marital problems.
If you and your partner are thinking about getting a divorce but are unsure if you want to end your relationship, then legal separation can be the tool you need to get your marriage back to where you want it.
- Speed Up the Divorce Process
If you and your partner eventually decide that divorce is the best option for both of you, then a legal separation agreement in Quebec can be changed to a divorce decree.
Final Thoughts
Remember that a legal separation can also be just as complicated and stressful as a divorce. If you are open to legally separating from your partner, a divorce lawyer in Montreal can help you determine whether a legal separation is the right choice.
At Spunt & Carin, our team comprises the best divorce lawyers in Montreal who help you find the best solution for your circumstances. Our lawyers also offer excellent counselling services after listening to your case intently and giving you the best advice for your situation.
If you need a divorce attorney to draft a legal separation agreement in Montreal, then Spunt & Carin is the firm you’re looking for. If you have already decided that divorce is your only option and need the best and most experienced divorce lawyers in Montreal, then get in touch with us today. Our experienced attorneys will ensure that your divorce process goes smoothly and everything is taken care of. Call now!