When a marriage is over, a Mississippi couple is faced with the choice of how they should formally end that relationship. For some, going ahead with a divorce is the right decision, and the two parties are ready to move forward with that process. For others, it makes more sense to legally separate first, giving them time to live apart before going through the divorce process. It may be helpful for a spouse to understand the differences between these choices.
Legal separation versus divorce
A legal separation is an agreement that legally outlines how two spouses will have separate legal and financial lives while remaining married. This involves more than one spouse simply moving out. There will be a formal legal agreement that outlines terms pertaining to spousal support, property division, child support, custody, visitation and more.
Divorce is the formal, legal end to a marriage. It is not reversible. For some Mississippi couples, the terms of a legal separation agreement lay the foundation for a reasonable final divorce order. The choice to legal separate instead of divorce can depend on several factors, including financial reasons, emotional reasons, religious beliefs and more.
Making the best possible choice
A couple seeking to end their relationship may benefit from speaking with an attorney regarding their options. An assessment of their case can reveal if a legal separation or divorce is the right choice for their individual situation. Regardless, a spouse has the right to seek the most beneficial outcome to the situation and the full protection of his or her interests.
