Legal separation is similar to divorce because it involves a court order declaring that all the issues involving the marriage have been resolved. The major difference between a legal separation and a divorce is that a legal separation does not change your marital status in a way that allows either party to remarry. Although for tax purposes, legally separated spouses are usually treated as if they are divorced, for other purposes, such as health insurance coverage, the parties may still be considered dependents. In your specific circumstances, legal separation may be the right choice for you.
You may choose a legal separation over a divorce for religious reasons, for financial reasons, or because you or your spouse may have benefits that you would lose in a divorce. Although either party can request a legal separation, for this request to be granted by the court, both parties must agree that they want a legal separation instead of a divorce. You can discuss your options with a Madison family law attorney during your consultation at Balisle Family Law Legal Counsel, S.C.
A few issues which will be resolved in a legal separation are:
If you and your spouse are granted a legal separation and reconcile thereafter, you may ask the court for a revocation of the legal separation judgment. On the other hand, if you are granted a legal separation and any time thereafter both parties agree to divorce, the court will convert the judgment of legal separation to a judgment of divorce. If only one party wants to convert the legal separation judgment to a divorce judgment, he or she must wait at least one year after the legal separation was granted by the court to make the request.
Our Madison family lawyers at Balisle Family Law Legal Counsel, S.C. have more than 42 years of combined experience handling legal separations. We can help you decide whether a legal separation or divorce is right for you, and can help you through whatever process you decide is in your best interest.
Contact us today at (608) 765-1001 if you are interested in meeting to discuss your case.