Divorce is a very serious and oftentimes painful process. It is a decision that should not be taken lightly, and it will affect every area of your life, especially the children. The lawyers from May Law, LLP will share different options and information to those considering separating or divorcing. Topics you may want to consider speaking to a lawyer about may include how to file for separation or divorce, child custody, and division of property and debt. In any situation, having a caring Fairfax, Virginia divorce lawyer by your side can help to make this process a little less stressful.
Separation Vs. Divorce
With a legal separation, the two individuals are still legally married yet living apart, whereas, in a divorce, the marriage is legally over. It is not too common for people to undergo legal separation, but it can be helpful in specific situations such as:
- You will receive tax benefits by remaining married to your spouse
- You believe that you and your spouse have a chance to reconcile after spending some time apart.
- You are not eligible to file for divorce because of the requirements in your state.
- You decide not to divorce because of moral or religious reasons
- Your spouse will become eligible for government benefits.
- You and your spouse find it to be less stressful to negotiate separation agreements than divorce agreements.
A divorce lawyer in Fairfax VA from our firm can help you decide what the best course of action is for your specific situation.
Different Types of Separations
There are three primary types of separations: Trial, permanent, and legal.
- Trial Separation: This is a temporary separation. During or after this time, the couple may choose to reconcile, separate permanently, or proceed with divorce. The trial separation can last for any length of time that is determined by the married couple.
- Permanent Separation: This separation is when the couple has no desire to reconcile and recover the marriage. Each state is different in how they handle assets and debts and what you will acquire or owe. Speaking with one of our attorneys can help you and your spouse come to agreements regarding finances, the children, and division of property. If you do decide to file for divorce most of the arrangements will already be have been developed, making the divorce process a little bit easier.
- Legal Separation: This option is only available in certain states, it is important to speak with a trusted lawyer that will know the options and what would work best in your case. Legal separation is considered to be a different relationship status from married or divorced. People who choose to legally separate cannot remarry without first filing for a divorce. The other two types of separations, commonly end in divorce. Legal separation is a popular choice for those that do not want to divorce due to religious reasons, or the parents want to maintain a family unit for their kids.
Help With the Next Step
Ending a relationship is always difficult, but once you are prepared to take the next step, it is important to seek the best legal counsel for yourself and your family. Our lawyers will help you explore different options, of either separation or divorce, to determine what is best for your circumstances. For more information or to schedule a free consultation with a divorce lawyer Fairfax VA clients recommend, please call us May Law, LLP today.