When a couple decides their marriage is no longer working, they may pursue either legal separation or divorce. One of the most common family law misconceptions is that legal separation is merely a partial or preliminary divorce. In reality, though, it refers to a completely different outcome. If you want to end your own marital relationship, here’s what you should know about the distinction between the two. 

What Is Legal Separation?

A legal separation can mean different things.  One may be if you no longer want to live with your spouse but wish to retain certain benefits of remaining married, like health insurance.  However, a legal separation does not mean you have to live apart.  A legal separation most commonly separates assets and debts between the husband and wife.  It can divide current assets and debts and can provide that future debts or assets belong to one spouse or the other.  A legal separation can provide for child custody and child support. 

If the later, couples must address all the same issues that they would during divorce proceedings. These include child custody and the division of assets and liabilities. And just like a divorce, the couple must go before a judge if they cannot agree on the terms of the separation.

Even after everything has been finalized, though, they remain legally married. As such, they will still be entitled to various tax advantages, as well as other benefits like shared health insurance coverage and pension payments. Couples might pursue legal separation in lieu of divorce for religious reasons, too. 

What Is Divorce?

Divorce effectively ends a marriage under family law. While the procedure for obtaining a divorce is essentially the same as those for securing a legal separation, individuals who have divorced their spouse are free to remarry. Those who have simply implemented a separation agreement are not. 

Couples who are no longer happy in their marriage might pursue divorce if they want a fresh start. Although they may still have to interact with their ex if they share children, getting divorced will sever virtually all ties.

If you want to pursue legal separation or divorce in New Mexico, turn to the knowledgeable team at Bristol Law Office. Practicing out of Roswell, this firm has been serving clients throughout Chaves County for more than three decades. They have an unwavering commitment to helping clients secure the most favorable outcomes possible. In addition to resolving family law disputes, their attorneys assist with bankruptcy filings, wills and trusts, probate, real estate transactions, and business litigation. To schedule a consultation with a lawyer on their team, call (575) 625-5284. Review their other services online.