Which party would benefit from legal separation ? Would legal separation cost more in the long run if both parties decide afterward divorce?What if the wife was dependent on husband causing her not to have the funds for a divorce? Where would she turn to for help? When husband filed she has no legal representation and will have to agree to his terms? His advisor is wanting to talk to me and will not send paper work, is that even legal?
In a legal separation, all of the assets and debt issues, community and separate property, are divided and all issues of support - both spousal and child support - along with any additional issues of child custody and visitation are resolved just like a divorce BUT in a legal separation, both parties are still married and may not remarry. A divorce does all of the above plus it terminates the status of the marriage. As to benefiting any one party, that can't be determined. As some prefer legal separation as it resolves some of their moral and religious concerns about divorce. As to cost, the cost to do first a legal separation and then later petition the court for a divorce is more than if one filed for a divorce in the first place.
Mr. Benton has provided thorough and valuable advice. Legal separation would ultimately cost more, unless the divorce action came within the statutorily defined timeline to convert a separation into a divorce. While legal separation prevents each party from legally marrying, it does preserve the ability of the parties to avoid the bother of remarrying, should that become an option.
The answers provided in this forum by me and transmitted by users of this forum are not to be considered legally binding in any way, nor is there an intent to form an attorney client relationship. If further information is required, seek competent legal counsel.
You cannot remarry until you are divorced. People often choose legal separation for either religious reasons or to maintain medical coverage.
This response should not be used as legal advice for any individusl's particular situation. There are many factors which affect a case and every case is not necessarily the same.
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