Thousands of couples in the US decide to go for a divorce every year. It is not an easy decision to end a marriage, it is eventually the best choice if you are in a toxic relation. If there is nothing left in the marital relation, divorce seems to be the best way. But there is another option that you could consider. Some couples split up without going for a divorce. Instead, they opt for a legal separation.
Understanding the Options
Before you can decide how to move ahead without ending the marriage, you need to understand the differences between separation and divorce.
The foremost difference to understand is that in a legal separation, the marriage doesn’t end. It also means there is no remarriage with a legal separation status. You are still married in the eye of law. It impacts the tax status, and any assets that you have at the time of your death would go to your legal spouse if you have not updated the Will. However, legal separation in TN requires a lot of patient and persistent efforts from both spouses. During the process of legal separation, you and your spouse must agree on several issues. It includes child custody, child visitation, division of assets, spousal support, and child support. The agreements that you would arrive at will be legally binding like the way in divorce. So, if you both are unwilling to live together but don’t want to end the marriage, legal separation would be the best.
A divorce put a legal end to the marriage. It is similar to the legal separation, and you still need to come to legal separation on all the items listed above. As the divorce is more contentious than separation, you may need a divorce lawyer to help you through the proceedings. The critical difference between the legal separation and divorce is that you become unmarried again at the end of the divorce. It also means that you are free to remarry and file the tax returns with ‘single’ status. A divorce is a permanent option, and if you and your spouse change your mind, and want to reunite, you will have to marry for the second time. However, if you reunite after legal separation, you don’t have to marry again as the marriage never technically ended in the eye of law.
Benefits of Legal Separation TN
There are some benefits of legal separation that are worth considering:
• Separation is not a permanent choice, and that’s the most significant benefit. When the tension is high, ending relation may seem to be the best option. However, reconciliation is possible afterwards. In such cases, it is nice that there is an option to restore the marriage quickly. But it also works the other way as well. If you decide to separate instead of divorce, you can change the mind and move ahead with the divorce.
• As a married spouse, both of you could be on the health insurance policies and qualify for social security benefits that are not available to single individuals. If you don’t want to give up on those benefits but don’t want to be with a spouse anymore, legal separation can surely help.
However, if you still choose divorce, and have decided to end the marriage, there is finality with divorce. Further, there are no restrictions on starting a relationship with a new partner.
How to Initiate the Separation?
Marital separation agreement Tennessee can easily be created online at leading legal forms site. Fill the form in a step-by-step manner as you discuss with soon to be ex-spouse.