Legal separation is required for a minimum of one year before getting a divorce in the state of North Carolina. So, what’s the difference between separation and divorce? They may sound the same, but there are a few key differences you need to know before hiring a Ballantyne divorce lawyer.
Separation and divorce are often confused with one another, but there are some major differences between the two. The biggest difference is you’re not allowed to remarry while separated, but you can after your divorce is finalized. Many assume a divorce is the best option for them, but there are some advantages a legal separation can provide to both parties.
Legal Separation Benefits Over A Divorce
Legal separation, by definition, is an arrangement by which a husband or wife remain married, but live apart following a court order. A divorce is the complete dissolution of a legal marriage. How might a legal separation be advantageous over a divorce?
- Reversal – Most notably, a separation can be reversed, a divorce cannot. A legal separation can provide clarity as to whether or not both parties truly wish to get divorced.
- Religious/Moral Implications – A separation provides the opportunity for a couple to live separately, but still fulfill the vows made on their wedding day.
- Health Care Coverage – If a couple divorces, one spouse may lose health insurance if it is provided through the other spouse. The husband or wife receiving health insurance is still eligible for the same benefits during a separation since the couple is still legally married.
- Tax Benefits – Any tax benefits received as a result of the marriage will be kept during a separation. If a divorce is agreed upon, each spouse is disqualified from those tax breaks.
- Asset Tangling Prevention – If a divorce is agreed upon after a year, a final property division procedure will begin. Since the separation process already includes asset division, the couple’s assets and debts are prevented from being intertwined any further.
- Ease of Burden on Children – Divorce can be difficult on children. Many couples decide to delay a divorce with a legal separation until the children are older or are independent. The separation can provide a smoother transition, as opposed to an abrupt ending.
This blog should not be considered legal advice. If you have any questions about legal separation and divorce laws in North Carolina, or to schedule a free consultation, please call 704-887-4981 or e-mail Ballantyne divorce lawyer Thomas Bumgardner. The Law Office of Thomas D. Bumgardner is committed to fighting for your rights and helping you reach the best solution for you and your family.