If you no longer wish to live with your spouse, but you remain uncertain whether you want a divorce, you may want to consider a legal separation. While both require a legal settlement, there are a few key distinctions to keep in mind. The experienced attorneys from Fulcher Law Firm in Albemarle, NC, have the advice you need to navigate the complex litigation ahead.

Divorce vs. Legal Separation

Divorce

Divorce involves the court legally dissolving the marriage. One person files for divorce, and the other must respond within a short period of time. Attorneys help the couple negotiate a range of issues, including child custody, child support, and property division. The court must then approve the settlement. If an agreement cannot be reached between the two parties and their lawyers, they will need to resolve the dispute in court.

Legal Separation

Unlike a divorce, a legal separation means the parties remain legally married. The arrangement still requires the couple to negotiate the details of child custody, child support, visitation, and property division, however. 

People opt for a legal separation for various reasons, including religious or moral ones. Additionally, some choose to legally separate because of the possibility of reconciliation. Others find the legal separation process to be less overwhelming than a divorce.

In other cases, people choose to legally separate until they satisfy North Carolina’s mandatory separation period and can thereby obtain an Absolute Divorce. Social Security, health insurance, or tax benefits may also play a role in the decision to legally separate rather than divorce.

If you’re not sure whether you would like a legal separation or a divorce, contact the experienced attorneys from Fulcher Law Firm. The experts will help you understand your options and reduce stress during this difficult time. To learn more, call them today at (704) 984-6060. You may also visit their website.