Disadvantages Of Legal Separation 【Pros & Cons Guide】

When someone has a problem in their married relationship, the safest way is to get separated and start a new life. A person can be separated from their life partner simply by adopting some legal actions or contacting legal aid.

Normally, a person takes the way of divorce to get separated from his/her partner. But it has become common to adopt other ways like legal separation. The main reason is the seamless method and no complex issues to face in this regard.

The main focus of this article is to comprehensively review the legal separation process, the disadvantages of legal separation, and other aspects of the whole ordeal. We will also focus on the difference between legal separation and divorce to tell you which one would be a safe way to adopt.

To understand the concept, you only have to read the blog till the end. We will go through all the sections that may come this way and make it possible for you to understand them easily. Let’s get started and check the following sections.

What is a legal separation?

Legal separation is a specific condition in a married person’s life that is ordered by the court. In a legal separation, both partners live separately by the orders of the court but will not cancel the marriage. You can say that they are legally married but living in different houses.

In the legislative language, this condition is termed separate maintenance. In such a condition, husband and wife can live separately in different places but will remain legally married. We have decided to discuss the disadvantages of legal separation here in this article.

Disadvantages of legal separation

There are multiple disadvantages of legal separations that make it hard for a person to get separated from a spouse using this way. First of all, there is no law that the court can use to provide you with any of your spouse’s assets.

It means that you will not get even a single penny in terms of your finances or anything from your partner. Additionally, you will not get legal separation costs even from anyone that you have spent in the court.

Secondly, you can’t get married to any other person if you have been separated by your spouse using legal separation. It will never let you heal your sad emotions and move towards your life with any other person. The reason is your marriage will not be canceled legally but you only have to live apart from your partner. There are many other disadvantages that you may have to experience in your future if you have been separated from your partner through a legal separation.

Why is legal separation discouraged?

The main reason to discourage legal separation instead of divorce is the restriction of remarriage. Both partners can’t live happy life due to this limitation. Also, the grounds for legal separation are not strong enough normally. Due to this, it is discouraged to adopt legal separation instead of divorce.

How to file for legal separation?

The process to file for legal separation is not complex. You need to complete your essential documents first and then consult with a legal advisor for the settlement of the agreement. After that, you need to file for legal separation and ask your spouse to come and check the agreement. Once everything will be done in this regard, you can contact the court to order for legal separation between both of you.

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Legal Separation Cost

Here we outline the cost of legal fees that you may need to pay to get legally separated from your spouse.

How much does a legal separation cost in Texas?

There is no legal separation option available in Texas. It means that you can neither file a legal separation case nor get separated in this way. You need to consult with your lawyer to get a consultation if you want to get separated from your spouse.

How much does a legal separation cost in Ohio?

The legal separation cost in Ohio and other parts of Franklin country is not as much higher as in other parts. According to research, the minimum expenses that you may have to face will be around $200. The cost may get higher if you have to face any issues in the process.

How much does a legal separation cost in California?

In California, you have to face higher expenses if you want to get a legal separation from your spouse. The case filing price for this purpose is around $450. It is only the cost of legal separation case filing. The other expenses will be included once the process will be started.

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How much does a legal separation cost in Washington DC?

If you want to get separated from your spouse in Washington DC, you need to grab $300 and the necessary documentation to file the petition. Yes, the legal separation expenses would be around $300 in this region.

How much does a legal separation cost in Illinois?

If you are living in Illinois, the legal separation cost main vary. It depends on the selection of a lawyer as well as other sections of the process and how much you have to pay for this process. But the average expenses for legal separation will be around $400.

How does legal separation affect finances?

Legal separation has some rules and regulations due to which the wife or husband will not get any property from her/his partner. It means that they will remain with their assets and need to meet financial issues separately instead of asking the other person for help.

What are the disadvantages of legal separation in California?

The main disadvantage of legal separation in California is the rapid growth in legal separation cases. It has been seen that husband and wife are getting separated by keeping small mistakes or issues as the ground for this task.

Is legal separation better as compared to divorce?

Overall, divorce is a much better option than legal separation. It is because both partners can move ahead in their lives with new partners after getting divorced. In a legal separation, they will be restricted from getting married again. Secondly, divorce will order the husband to give financial aid or something from his assets to his wife. In turn, she will be able to get a good life instead of living her life in poverty.

Final Say

In the above guide, we have told you about the disadvantages of legal separation. You can read them and estimate whether you need to go for it or go for divorce. We suggest you look for the advantages and disadvantages of legal separation vs divorce before making any decision.

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E.A. Gjelten

A professional legal editor for various publications who uses her analytical & observational skills, coupled with her extensive experience in the field of law to articulate difficult legal topics. Has been a legal author for the last 12 years & have also worked as a journalist, professor & book editor.