Separation versus Divorce

What is best for us?

Seperation versus DivorceSeperation versus Divorce is one of the most common questions we receive.  Fortunately, you don’t need to decide between legal separation and divorce until the paperwork drafting starts at the conclusion of the mediation or collaboration process.  All of the discussion, problem solving and meetings will include the same topics, so there would not be a duplication.

What are some of the pros and cons?


This can be a complicated area with benefits and risks to both parties and deserves legal advice and discussion.

  • One reason some people choose legal separation is to preserve lower cost health benefits for the non-employee spouse (check with your insurer).
  • Another reason may be personal for a therapeutic separation of either defined or undefined length – be sure to ask about Post-Nuptial Agreements and Marital Settlement Agreements.
  • Other folks prefer legal separation for religious or cultural reasons.
  • Inquire about the conversion process from separation to divorce and how this might be an appropriate option.
  • Other families prefer the finality and disentanglement of divorce.

Please feel free to call or e-mail with questions and we can help provide more customized information or resources.  One last question we receive from a lot of folks is whether there is a simple “separation” or just a “piece of paper” to file.  Unfortunately, or fortunately, depending on your viewpoint, it is not quite this simple.  You may wish to meet with a mediator to talk about interim separation agreements and options for different types of separation.

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