Are there any advantages to a legal separation rather than divorce?

A separation may be a good option for married couples who are considering divorce or who have problems that could potentially lead to divorce. In fact, couples who separate before beginning divorce proceedings often save time and money and increase their chances of an amicable divorceThe benefits of a legal separation Kirshenbaum & Kirshenbaum

Benefits of a Legal Separation Before Divorce

In general, a legal separation is a married couple’s conscious choice to live apart. Much like a divorce, legal separations require court petitions and can be granted on fault or no-fault grounds. However, separations are not permanent and only last a few months or a few years.

Separation may be beneficial in many cases, including:

Potential for reconciliation

If you believe there is chance for reconciliation, you can use your time apart to think about what you want from your marriage and what you and your spouse can do to avoid a divorce in the future.

Pre-divorce preparation

A separation period can give you a preview of life after marriage and give you time to open new bank accounts and health insurance policies.

Child benefits

Divorce proceedings can be stressful for kids. A separation period can avoid undue stress on children or allow them to finish out the school year before the divorce process begins.

Financial concerns 

In Rhode Island, spouses are prohibited from selling, transferring, or concealing any individual property or marital assets during a separation. In addition to preventing retaliatory spending, a separation can give an unemployed spouse time to find a job and offer a real-time look at each spouse’s finances going forward.

Religious concerns

A separation can allow you to live apart from your spouse if your religion prevents you from getting a divorce.

Do You Need To Speak To A Rhode Island Divorce Attorney?

If you are considering a divorce you need to speak with an experienced Rhode Island divorce attorney as soon as possible. Please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help divorce clients in Providence, Warwick and all areas of Rhode Island.

 

Jesse Nason
Helping Rhode Island residents with all of their family law, divorce and child custody needs since 2006.