Justia Lawyer Rating
Justia Lawyer Rating
National Bar Association
Fort Bend County Bar Association
State Bar of Texas
United States District Court of Southern Texas
Texas Supreme Court
Avvo Reviews Badge
Texas Bar College
Expertise Best Divorce Lawyers in Houston

Legal Separation vs. Divorce: Which Option is Right for You?

Legal Separation vs. DivorceWhen a marriage is no longer working, couples have a few options for moving forward. Legal separation and divorce are two common choices, but it's important to understand the differences between the two before making a decision.

Legal separation is a court-approved agreement that allows a couple to live separately while remaining legally married. This can be a temporary solution for couples who need space or time to work on their relationship, or for religious or financial reasons. During a legal separation, couples may divide their assets and debts, establish child custody and support arrangements, and address other important issues, much like in a divorce. However, because the couple is still legally married, they cannot remarry or enter into new domestic partnerships.

Divorce, on the other hand, is the legal dissolution of a marriage. Once a divorce is finalized, the couple is no longer married and is free to remarry if they choose. The divorce process involves dividing assets and debts, establishing child custody and support arrangements, and addressing other important issues just like in a legal separation. However, the finality of a divorce means that the couple's legal ties to each other are completely severed.

So, what's the difference? In short, legal separation allows a couple to live separately while remaining married, while divorce legally ends the marriage altogether. It's essential for couples to carefully consider their options and seek legal advice to determine which option is the best fit for their situation. Ultimately, both legal separation and divorce can provide couples with the space and legal resolution they need to move forward in their lives.

What are the differences between legal separation vs. divorce?

When a marriage is no longer sustainable, couples have the option to either legally separate or get a divorce. While these two options may seem similar, there are some key differences between the two that couples should consider.

Legal separation is a legal process that allows couples to live apart and make decisions about their finances, children, and other important matters without officially ending their marriage. In a legal separation, couples are still technically married and cannot remarry, but they are able to divide their assets, establish child custody and support arrangements, and make other important decisions about their lives moving forward.

On the other hand, divorce is the legal process of ending a marriage. When a couple gets a divorce, they are no longer legally married and are free to remarry if they choose. Divorce also involves the division of assets, establishing child custody and support arrangements, and resolving any other legal issues related to the marriage.

One of the main differences between legal separation and divorce is the ability to remarry. With legal separation, couples cannot remarry while still technically married, but with divorce, they are free to marry someone else if they choose. Additionally, a legal separation may be a preferred option for couples who have religious or personal beliefs that do not align with divorce.

Another difference is the potential for reconciliation. In a legal separation, there is still the possibility for the couple to work on their marriage and reconcile, as they are still legally married. With divorce, the marriage is officially ended and there is no possibility of reconciliation without getting married again.

Overall, the decision to pursue legal separation or divorce depends on the unique circumstances of the couple and their specific needs and desires. It is important for couples to carefully consider the implications of each option and seek legal and emotional support as they navigate this difficult process.

Talk to a Lawyer

An experienced divorce lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, can help you with your divorce case. Contact us today at www.thorntonesquirelawgroup.com for a free case evaluation consultation.

Client Reviews
Selecting an attorney can be one of the most difficult decisions a person has to make. In what seems like an overwhelming sea of attorneys who do you choose? Are they qualified, compassionate, and are they willing to fight for you without compromising their integrity? When faced with this decision in 2016 I received this and more when I retained Rahlita Thornton as my attorney. Since 2016 she has represented me on several court cases and I've never been disappointed. She is well versed and very knowledgeable on many aspects of the law. Attorney Thornton and her staff work diligently to ensure no stone is left unturned and justice is served. When I was crippled with fear, bullied, and felt like giving up she was my voice. She is highly recommend and I'm truly blessed to have her in my life. TTW
It was a divine power that drove me to call. There are ton of lawyers online but I knew this attorney was the one for me. C.B., Divorce Client
Attention & communication is very good when working with this professional legal team. They are here to help you whenever questions arise and explain details as they go. Thank you for taking the time to accept my case & working with me. P.L.