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When might a legal separation be better than divorce?

There are a lot of things to consider when trying to decide to end one's marriage. The divorce process is a tough one, and not something that should be rushed through. For some couples in New York, there may be reason to consider legal separation over filing for divorce.

For some couples who wish to divorce, there may be timing or financial reasons that make it an impossibility. These couples may choose to file legal separations instead, while they get their affairs in order. Filing for a legal separation is much like filing for a divorce. There will still be the need to go to court in order to get certain aspects of the separation approved -- such a custody arrangements, spousal and child maintenance orders and property division.

Some may wonder if it is necessary to officially file a legal separation or if a couple can just separate. For those who are not quite sure if divorce is the answer to their relationship problems, a trial separation may be a good move. However, without filing for a legal separation, there are no legal protections regarding property division, custody or support payments.

At the end of the day, for some couples a legal separation certainly has its benefits over filing for divorce right away. Choosing which to do is, of course, a very personal decision. With the assistance of legal counsel, couples in New York can determine if legal separations better suit their circumstances. If so, further help can be provided in negotiating the terms and obtaining court approval.

Source: FindLaw, "Legal Separation vs. Divorce", Accessed on Oct. 31, 2016

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