When a marriage breaks down, many couples face a critical decision: whether to legally separate or pursue a divorce. Legal separation enables spouses to separate their lives and live apart without officially ending the marriage, while divorce permanently ends the marriage. Deciding whether to pursue legal separation vs. divorce is a personal choice, but understanding what each means is essential to make an informed decision.
At the Law Office of Pamela C. Bratcher, we know how emotionally challenging these decisions can be. With over 30 years of experience, Pamela Bratcher provides hands-on guidance, direct communication, and practical legal advice. Based in Bowling Green, Kentucky, we offer free initial consultations to help you take the first step.
What Is Divorce?
Divorce, sometimes called dissolution of marriage, is the legal process of ending a marriage. In a Kentucky divorce, a court typically resolves the following:
- Division of marital property and debts,
- Who the children live with and how parenting time is shared, and
- Determination of child and spousal support.
Kentucky is a no-fault divorce state, meaning you do not need to prove that your spouse did anything wrong to get a divorce. The law generally requires the couple to live apart for 60 days before the court can finalize the divorce. Once the judge issues a final divorce order, both individuals can remarry.
What Is Legal Separation?
Legal separation allows spouses to disentangle their lives while staying legally married. Some Kentucky laws refer to legal separation as divorce from bed and board, because you no longer share the same bed or home. It may involve:
- Dividing property and debts,
- Deciding custody and parenting schedules, and
- Setting child and spousal support.
At the end of the process, the court issues a separation decree. Legal separation thus involves the same issues as divorce, but the outcome is different; the parties remain legally married.
Remaining married may allow one spouse to keep certain benefits, like health insurance or retirement. Couples may also choose legal separation for
- Religious reasons,
- Financial considerations, or
- Personal concerns.
After 60 days of living apart, either person can ask the court to make the separation into a divorce. Or, if the spouses reconcile, they can ask the court to undo the separation order.
Comparing Legal Separation vs. Divorce
Legal separation and divorce involve the same general issues but have different outcomes. In a legal separation, the couple continues to be married in the eyes of the law, while divorce ends the marriage completely.
Legal Separation vs. Divorce Cost
When comparing what to expect for costs, note that both processes involve the same basic issues and may require a lawyer. Costs usually depend more on how difficult it is to resolve the problems than on the process used.
Benefits of Legal Separation vs. Divorce
When looking at the benefits of legal separation vs. divorce, legal separation:
- Gives spouses time to decide if they want to stay married while setting clear rules;
- May appeal to those who have religious or moral objections to divorce;
- Enables spouses to avoid the stress of ending the marriage immediately;
- Includes no waiting period;
- If the spouses decide to divorce, they can convert separation into divorce easily; and
- The spouses can undo the separation if they decide to get back together.
On the other hand, divorce offers a cleaner break and enables former spouses to remarry. Generally, if you are sure you want the relationship to end and have no objections to getting divorced, it offers more flexibility and eliminates your ties to your former spouse.
Frequently Asked Questions
Is It Better to Stay Separated or Get a Divorce?
There is no one-size-fits-all answer. Legal separation may be better if you need time apart to decide whether to reconcile, want to keep benefits like health insurance, or have religious reasons for staying married. Divorce may be better if you want a clean break or want to remarry in the future. The best option depends on your goals, finances, and personal situation.
What Is the Point of a Legal Separation?
Legal separation lets couples live apart with clear rules about property, finances, and parenting without ending their marriage. It provides legal protection and structure while keeping the marriage legally in place. Some couples use it to protect benefits, preserve religious beliefs, or take time before deciding on divorce.
Can Legal Separation Be Reversed or Changed?
Yes. In Kentucky, either spouse can ask the court to change the legal separation into a divorce after 60 days. Couples can also reconcile and ask the court to cancel the separation order.
Let Us Help You Move Forward
If you are considering ending a marriage through legal separation or divorce, understanding what each option means is essential. At the Law Office of Pamela C. Bratcher, we offer trusted guidance backed by more than 30 years of experience. Pamela Bratcher handles every case personally and provides honest, compassionate support. If you are facing a decision about your marriage, contact our office today for a free consultation.