In any marriage, no matter how sincerely one promised forever, issues may arise. Life changes, people grow apart, and circumstances evolve in ways that make staying together difficult or even impossible.
When faced with these challenges, most couples immediately think about divorce as the only path forward. However, before you take the first step in this painstaking approach, it’s worth considering legal separation, your other option.
Learning the difference between legal separation and divorce can help you make a more informed decision about your future, finances, and family.
Understanding Legal Separation
A legal separation transpires when a married couple formally separates without filing for a divorce. The couple remains legally married but can live apart and create legally binding agreements about property division, child custody, spousal support, and other central matters. These agreements are typically outlined in a separation agreement.
In Minnesota, the law refers to legal separation as a “judicial separation,” a more formal process requiring filing a petition with the court and obtaining a Decree of Judicial Separation from the Family Court. Unlike a private separation agreement, a judicial separation gives the court the authority to issue financial remedy orders regarding the division of money and property.
The Benefits of a Legal Separation
Staying married but legally separated has several potential advantages:
- Financial stability and protection. Spouses may continue to share certain benefits, such as health insurance coverage or access to social security. Some even continue to file joint tax returns, reducing their tax burden while living separate lives.
- Emotional and personal growth. A legal separation provides valuable time and space for reflection and personal growth without the finality of divorce. Each partner gets the opportunity to assess their feelings, work on personal struggles, or seek counseling before deciding whether reconciliation or divorce is the right next step.
- Stability for children. Legal separation offers a more gradual transition for families, allowing parents to maintain a cooperative relationship and consistent routines and minimizing the emotional toll on children. Living arrangements shift, but family traditions and connections stay largely intact.
- Simplified legal and property considerations. Because the couple is still married, certain rights, such as inheritance or survivor benefits, may remain in place, avoiding complex or contentious disputes that often arise during divorce proceedings.
- Alignment with personal or religious beliefs. For some, divorce conflicts with moral, cultural, or religious values. Legal separation is an alternative that respects these beliefs and grants individuals the freedom to live independently.
Understanding Divorce
A divorce, also known as a dissolution of marriage, is a court decree that officially ends a valid marriage. During the process, the court divides marital property, establishes spousal maintenance (alimony), and determines child custody and support arrangements. Once finalized, both parties are legally single.
Divorce laws vary from state to state. In some jurisdictions, a divorce can be granted before all financial and custody matters are settled, while others require every issue to be resolved first.
A divorce may be fault-based, where one spouse alleges specific misconduct such as adultery, abuse, abandonment, or substance addiction. Unfortunately, proving fault, even with the help of a divorce attorney in Minneapolis, MN, makes the process longer, more stressful, and more expensive.
Most couples today file for a no-fault divorce, which does not require assigning blame. The most common grounds are irreconcilable differences or an irretrievable breakdown of the marriage, meaning the relationship simply cannot be repaired.
Since divorce legally ends a marriage, it is generally more permanent and complicated than legal separation. Should a couple decide to reconcile after, the two would have to remarry.
The Benefits of Divorce
While legal separation provides flexibility, here are key situations where divorce makes more sense:
- The desire to remarry. Divorce allows either spouse to remarry and move forward with their life.
- A need for emotional closure. When one or both parties are certain that reconciliation is impossible, divorce offers the emotional and psychological freedom to start over.
- Financial independence. Divorce ensures that each spouse’s finances are separate. It addresses the concerns about one party taking on future debts or making financial decisions that could affect the other.
- Protection in cases of abuse or conflict. If domestic violence, harassment, or other harmful behaviors are involved, divorce brings stronger legal protection. Divorce lawyers in Minneapolis, MN, help clients seek restraining orders and court-enforced custody or visitation arrangements for safety and stability.
Which Path Should You Take?
When deciding between legal separation and divorce, think about your goals and circumstances.
If you hope to get back together with your spouse after some time apart, legal separation may be the better choice. However, if you aim to have a completely and permanently separate life, divorce is likely the more appropriate option.
At Burns & Hansen, P.A., we have guided countless clients through legal separations and divorces. Family law is a central focus of our practice, and each divorce attorney in Minneapolis, MN, dedicates their full attention to protecting your rights and interests. Count on us to understand your goals, explain your options, and build an effective legal strategy to achieve a resolution that supports you.
Our team of divorce lawyers in Minneapolis, MN, is licensed in all state and federal courts of Minnesota, including the Minnesota Supreme Court, the U.S. Bankruptcy Court, and the U.S. Court of Appeals for the 8th Circuit. Whether you choose separation or divorce, we ensure you will do so with confidence.
Call (952) 564-6262 today or contact our office online to schedule a meeting.