Legal separation and divorce are both looked into when a marriage isn’t working. They are both similar and different in their ways. Below, there will be more details on both legal separations and divorce, explaining them in more depth. If you are in a predicament where your marriage isn’t working anymore, this may be something you want to read into.
What is Legal Separation?
A legal separation is when a couple decides to live separately but remains married. From legally separating, there are two ways that it may go. You can either reconcile your marriage or you can follow it up with divorce. There are many different reasons a couple may choose to legally separate rather than divorce. For instance:
- Keep the shared benefits
- Personal or religious beliefs
- Able to reassess the marriage
These are some examples of why a couple could choose to legally separate. However, some states don’t allow you to legally separate, such as Mississippi.
Legal Separation in Mississippi
Mississippi does not formally recognize legal separations. You can separate from your spouse informally, but a court won’t issue a legal separation for you. Instead of legal separation, a judge may issue a maintenance order. A maintenance order is designed to be temporary. A judge will determine child custody, child support, alimony, medical insurance, responsibility for debts, and the rights to vehicles or estates. It can help spouses stay afloat in financially tough times.
What is Divorce?
Divorce is the legal process of ending a marriage. There are many ways as to why a divorce may take place and in Mississippi there are 2 different ways it may happen. Divorce can be brought into the court by it being a no-fault divorce, or a fault-based divorce. Both are different in there own ways but they both have the same ending which is divorce.
Legal Separation Vs. Divorce
Ending a marriage is no easy decision. While a divorce legally dissolves the marriage, a legal separation is a court order that mandates the rights and duties of the couple while they are still married but living apart. Both arrangements separate the couple financially and provide legal oversight for child custody and support, spousal support, and debt management. However, a divorce completely dissolves a marriage. Depending on your scenario, a divorce may be better than a legal separation or the other way around. It’s best to note which of these scenarios best fits your situation before following through with one of them. However, if you are in Mississippi, remember that legal separation is not a thing. It would be a maintenance order instead.
People may choose a legal separation instead of a divorce for many reasons. One being that a legal separation can be reversed, and a divorce cannot. Children can be a deciding factor for which one to choose as well. If you have young children, you may want to legally keep the family together. Also, if you are not positive that divorce is the right decision, you may want to legally separate for some time before making a final decision.
People may choose divorce over legal seperation if there is no financial benefit. Also, you aren’t able to remarry if you are still legally married to someone. Therefore, a person needs to get divorced in order to remarry. Needless to say, if you want no connection with your spouse, the best option would be to legally get divorced.
Get Help Making The Right Choice In Mississippi
Deciding between legal separation and divorce can be difficult for some people. Luckily, Gregory D. Keenum, PA, can help you navigate these decisions. If you want more information on what you should do in Mississippi, feel free to reach out.