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If you're considering a divorce with your spouse, you are likely hearing a bunch of different terms when it comes to how to go about doing it. There are contested and uncontested divorces, collaborative and uncollaborative divorces, and even legal separation and dissolution. It may cause you to wonder what the differences are between these terms and how they can impact you and your marriage. Here is what you need to know about the differences between a legal separation and marriage dissolution.
Legal Separation
A legal separation is used when you and your spouse are considering a divorce, but there is a chance that the two of you may reconcile. A legal separation gives the two of you some rules to live by, which includes where each person is going to live, who will pay which expenses, and even who will maintain physical custody during the separation.
Sometimes a legal separation is used when you want to maintain some benefits of being legally married but have those rules in place. For example, you may want a legal separation from your spouse who will be staying at home with the kids but still want your spouse to qualify for being on a family health plan. You may also want the legal benefits that come from filing your income taxes together rather than having to file as individuals. The legal separation will allow you to set those rules for how to separate but still maintain some benefits that you both gain with the marriage.
You should also realize that the legal separation period will happen when you file the divorce petition, so it is something that all people will need to go through when filing for divorce, no matter what type you use.
Marriage Dissolution
Marriage dissolution is when you actually decide to dissolve your marriage and end it. It's often just referred to as getting a divorce, but from a legal standpoint, it is considered a marriage dissolution. While the legal standing of your marriage is very different from a legal separation, there are many similarities. You can carry over all of those decisions made during the legal separation to the marriage dissolution if they are working for you and your spouse or modify the agreement if you feel that things were not what you desired for the final agreement. For example, you may have provided spousal support at a higher level than what you were comfortable with for the short-term separation, but you may want to make it more manageable after the marriage dissolution by paying a lower amount.
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