Divorce vs. Legal Separation | San Jose Divorce Attorney

San Jose Divorce Lawyer

Divorce vs. Legal Separation

Not many people are aware of the differences between divorce and legal separation. In fact, the terms are often used interchangeably. This article will give a brief overview of the definition of separation and why some couples choose it over divorce.

What is Legal Separation?

When a couple files for separation, they will meet with a judge to work out custody arrangements, spousal and child support, division of shared property, and most of the other matters that would be addressed during a divorce. The judge will then issue a court order that describes the arrangements agreed on and officially acknowledges that the parties are no longer living together as a couple.

The key difference between separation and divorce is that when couples are separated, they are still officially married. They are not allowed to marry other people, and they may resume status as a married couple without needing a new marriage certificate.

Why File for Legal Separation?

Couples have many reasons for choosing to separate, ranging from the personal to the practical. Some of the most common reasons are:

Leaving the possibility of reconciliation. Some couples view separation as a sort of trial, to see whether they would be happier apart. If not, they can easily resume their marriage; if so, they already have arrangements in place to divorce.

Religious reasons. Some religions forbid their followers to divorce. Some practitioners of these religions get around such laws by separating.

Tax reasons. A separated person can deduct spousal support from his or her income taxes; a divorced person cannot.

Speak with a San Jose Divorce and Separation Attorney

If you are considering separation or divorce and need more information, contact San Jose divorce and separation attorney Daniel Jensen at 408-296-4100.