On behalf of Musselwhite, Meinhart & Staples posted in family law on Tuesday, June 12, 2018.
Whether you’ve been married for years or just a little while, problems arise in a marriage that can cause one or both spouses to consider leaving the other. Those in Kentucky who know for sure that marriage dissolution is the best way to go can certainly go that route. Those couples who are not sure if that is what they really want, or have other reasons to stay married but want space, may want to consider a legal separation. A family law attorney can help with either.
So, which family law move is right for you? It all comes down to what you want. Divorce is final; there is no going back unless you choose to remarry your ex. Legal separation is not final. You can stay separated as long as you want and go back to married life or file for divorce when you feel ready.
Why consider legal separation? There are a number of reasons to try separation before pursuing divorce. If you legally separate from your spouse, you will work out custody and assets terms now that will give you an idea of what your divorce would look like. Legally separating versus just leaving your spouse for a while sets legal ground rules for your time apart, and it gives you a leg to stand on if you and your ex end up fighting. For example, if you legally separate and set up a joint custody agreement but your ex is not letting you see your children, you can go to court to have the custody agreement enforced.
Whether you choose to divorce or legally separate really is up to you and your spouse. No one can tell you what to do. You simply have to look at the pros and cons of each of these family law moves and make your decision. An experienced attorney may be able to help you with this decision by reviewing your case and discussing your goals. To learn more about divorce and legal separation in Kentucky, please take a moment and visit our firm’s website.