Legal Separation Vs. Divorce

Published on
May 24, 2023
Written by
Angel Murphy, Esq.
Category
Videos

Divorce: The Final Dissolution

When you think of divorce, you're likely picturing the typical scenario where a marriage is officially terminated. In Maryland and DC, divorce is referred to as an absolute divorce. Once a divorce is finalized, the parties are no longer legally married, and they are free to remarry if they wish. This process involves a comprehensive resolution of all issues related to the marriage, including division of assets, custody arrangements, child support, and alimony.

Legal Separation: A Temporary Arrangement

A legal separation, also called a limited divorce in Maryland or a legal separation in DC, is a temporary arrangement. In a legal separation, the court acknowledges that the parties have legally separated, but they are still technically married. This option allows for some property and asset division and can address matters like temporary custody and alimony during the separation period. However, the marriage remains intact, and neither party is free to marry someone else.

Choosing Between Legal Separation and Divorce

The decision between legal separation and divorce depends on your unique circumstances. Legal separation might be suitable if you need immediate relief regarding child custody, support, or other financial matters while still maintaining your marital status. It can also be an option if you have personal or religious beliefs that discourage divorce but require some formal arrangement to address ongoing issues.

However, for many individuals, pursuing a divorce can be a more comprehensive and definitive way to end the marriage and resolve all related matters. Waiting for the required separation period before filing for an absolute divorce might be the preferred course of action.

Consulting with a Family Law Attorney

Ultimately, the choice between legal separation and divorce is a personal one. It's essential to consider your goals and priorities and seek legal counsel to understand the implications of each option fully. A qualified family law attorney can provide guidance tailored to your specific situation and help you make informed decisions.

Allow The Murphy Law Firm to work in your favor! ‍

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Angel Murphy

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