What are the drawbacks of legal separation versus divorce?


Quick Answer

The drawbacks to a legal separation versus a divorce include complex paperwork and court filings, emotional stress and an unnecessary, extra step if the couple plans to dissolve the marriage eventually, according to JacksonWhite Family Law Office. A legal separation may also create additional expenses for the couple.

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Full Answer

A legal separation typically requires the same amount of time, legal counsel and paperwork necessary for a divorce, explains JacksonWhite Family Law Office. Therefore, if a couple does not plan to reconcile, the legal expenses and time endured in court proceedings are often a drawback to a legal separation. Just like with divorces, couples are required to divide property, debts and assets when filing a legal separation. The process is often the same as getting divorced, so couples who plan to divorce have to endure the process twice.

Couples also have to determine custody arrangements, child support and holiday and visitation schedules when filing for a legal separation, just as they do for a divorce. The process can be emotionally taxing and time-consuming, notes JacksonWhite Family Law Office. Couples seeking a test to determine the fate of their marriage can become emotionally drained due to the stress of the legal process involved with a legal separation. The extra burden may complicate the relationship even more.

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