Logo
Day & Evening
(718) 878-6886

Does a Legal Separation Always End in Divorce?

Posted on : June 26, 2017, By:  Mary Katherine Brown
Brooklyn Legal Separation Lawyer

A legal separation is an option for married couples who are struggling but aren’t sure they want a divorce. It’s also an option for those who don’t necessarily want to go through the process of divorce just yet. However, many people wonder if a legal separation “dooms” them to have a divorce, or if there’s any coming back from a legal separation. Here’s what you need to know.

 

Reasons for Legal Separation

 

There are numerous reasons that couples consider legal separation instead of a divorce or as a trial period before a divorce:

 

  • The couple isn’t ready for divorce emotionally or financially
  • The couple has children together and wishes to give their kids time to adjust to the idea of both parents being separated
  • The couple feels that a separation will help them to see things more clearly outside of a heated situation
  • The couple wants to continue to share marital benefits, such as health insurance or shared debts

 

Your reasons for wanting a separation may be different. Avoid comparing your situation too heavily to the situations of others, because yours is unique and no two marriages or separations are exactly alike.

 

So, Does Every Couple Who Separates Get a Divorce Later?

 

Unfortunately, it seems that the majority of separations do lead to a divorce. Research published by Ohio State University showed that approximately 79% of couples who legally separated went on to formally divorce. However, the research also showed that all couples who remained separated after three years either continued their separation or divorced — reconciliations in the study all occurred within the first three years.

 

When You Should Consider Talking to a Divorce Lawyer

 

If legal separation is on the table, it’s time to discuss your situation with an experienced Brooklyn divorce lawyer. You may think you don’t need a lawyer until you’re ready to formally divorce, but quite the opposite is true. In a legal separation, many things are quite similar to a divorce, including figuring out child custody and dividing some assets. It’s important to ensure that your best interests are protected as you discuss the details of legally separating from your spouse.

 

At the Law Offices of Mary Katherine Brown, we understand the difficulties couples face as they begin to dissolve their marriage. We’re here to support you and zealously advocate for you. Contact our office today for a consultation to discuss your legal options by calling (718) 878-6886.

Posted in : Divorce ,

What Our Clients Say

Yair Oded
Yair Oded
19:00 07 Nov 18
It was recommended to me that I get in touch with Mary Katherine through an acquaintance who works in the field. I can confidently say it was one of the best decisions I had made. I went through a complicated separation process and custody battle over my two year old son; my case was extremely challenging and before I retained the services of Mary Katherine it seemed as though all was lost. Mary Katherine and Eoin O' Mahony worked tirelessly on my case and managed to guarantee my access to my son and reach an agreement that protected my relationship with him and secured my status as his father. They did so with the utmost of professionalism, compassion, and generosity. I truly cannot recommend her warmly enough.
Christine David-Fortune
Christine David-Fortune
12:38 23 Mar 18
If you are looking for an attorney who would listen to your concern and tirelessly work with/for you to get results then Mary Katherine Brown is who you are looking for. She promptly addressed my concerns and kept me informed throughout the process. At the end she produce results I am happy with. Thanks again Counselor!
Jeremiah Thompson
Jeremiah Thompson
16:53 26 Jul 17
Mary Katherine Brown is one of Brooklyn's top divorce lawyers
Iqra Yaqub
Iqra Yaqub
10:20 28 Apr 18
Mariana Peniche
Mariana Peniche
17:43 12 Nov 18
See All Reviews