Marriage struggles are a common occurrence for every couple. Whether the argument is over something small like forgetting to take the trash out one night, or a bigger concern like too many late work nights, couples naturally disagree at times. For some, however, these arguments lead to an unsatisfied and unhappy marriage; leaving many couples ready to call it quits. Perhaps you and your spouse have been married for two decades, and you are struggling with an empty nest after your children went off to college. Not having to take your kids all over town for games and recitals on a daily basis; forcing you and your spouse to spend a lot more time together.

During the transition of children leaving for college, many couples will realize that they don't have as much in common anymore, or even that the only thing holding them together was their children living at home. Having been married for so many years, you keep wondering what life would be like if you and your spouse divorced, though you just aren't one hundred percent certain you want to completely end the relationship because you have already poured out so many years. For this very reason, the law leaves room for couples who are uncertain that they want to end their marriage entirely. Rather than filing for divorce, and risking the possibility of wanting to remarry down the road, the option of legal separation has been established. This allows for couples to live their separate lives while still remaining legally married for a time. This is a legal process though, meaning that the couples will want to contact their local divorce and family attorney for guidance with the process and the separation terms will be officially ruled by court order.

Legal separation allows for spouses to have the chance to live apart from one another, and yet there will be set guidelines to determine the limits of the separation as well as each party's responsibilities. Legal separation documents will include an outline similar to that of a divorce, addressing the main topics such as property division, child custody and support, spousal support, debt division, custody schedules, etc. If you are uncertain about filing for a divorce, legal separation is often a wise choice for couples for many reasons. First, if you and your spouse do decide that you prefer life apart from one another, then it is the chance to already have some of the divorce process out of the way. The documents drafted in the legal separation will generally be used as the divorce settlement for the couple, making the divorce process more simple as a result.

Another benefit for legal separation is that it is also a chance for many couples to realize how much they truly do love one another, and they in turn resolve to work on their marriage. After spending time apart, numerous couples will determine how much they miss each other, or how lonely they were apart and decide marriage is the best option for them. During this time period, many couples will also be able to work through conflict while not living under the same roof, and in many cases this proves effective and beneficial to their relationship. Another benefit is that it protects couples sharing insurance and benefit plans. Filing for a divorce would cost the couple more money if they were to later on decide to remarry; legal separation allows the couple to stay on each other's plans for the time being. Either way, legal separation is an option that gives many couples that necessary buffer zone before they make a life changing decision that they may regret in the future. If you are weighing the options of divorce or legal separation, please find a family and divorce attorney close to you for more information!