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If your marriage has entered choppy waters, you may be curious about the legal options available to you and your spouse. Is divorce the right move to make? Is a legal separation better suited to your situation? What are the differences between these two paths? Below, the divorce attorneys at Doster, Post, Foushee, Post & Patton, P.A., in Sanford, North Carolina, answer these questions in more detail.

A Divorce Is Final—a Legal Separation Is Not

When you enter into a divorce agreement, your marriage is over in the eyes of the law. When you enter into a separation agreement, the marriage is simply on hold until arrangements that say otherwise are made. You might choose divorce somewhere down the road, or you might reconcile at some point. In other words, a legal separation allows you the option of returning to the still-legally-intact marriage. With a divorce, no such union would exist anymore.

With Legal Separation, You May Be Able to Retain Some Spousal Benefits

attorneyA couple who gets a legal separation is more likely to retain certain spousal benefits than one who gets divorced. Things like Social Security benefits and health insurance coverage may extend to both spouses, but only so long as they are legally married. Since a legal separation doesn't dissolve the union, the spouses can often hang onto those benefits they most need or want. If they got divorced, they would no longer qualify for such benefits.

A Divorce Is Better-Suited to Those Who Are Certain the Marriage Is Over

In some situations, both spouses are certain the marriage is over and that the only logical way to proceed is through divorce. In other situations, the spouses may be uncertain if divorce is the right move, and they may simply need some time apart to reflect on the next, best step. For those in the latter camp, a legal separation can be a godsend, separating you both legally without formally severing the union, which, of course, makes it easier to return to if things work out.

Let the attorneys at Doster, Post, Foushee, Post & Patton, P.A., help you explore legal separation and divorce. Since 1946, their lawyers have been representing area clients in a number of legal practice areas, including family law and personal injuries. Call (919) 775-5616, visit their website, or connect with them on Facebook to schedule a consultation with a divorce attorney today.

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