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Legal Separation vs. Divorce: What’s the Difference?

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Legal Separation vs. Divorce: What’s the Difference?

Navigating the end of a marriage can be an emotional and difficult time for any couple. At RCG Law Group, our compassionate team of family law attorneys in South Jordan, Utah, is here to help you make informed decisions about the future of your relationship. One of the most common questions we receive is, “What is the difference between legal separation and divorce?” In this blog, we will explore the key distinctions between these two legal processes, and discuss how our experienced attorneys can help you navigate either one.

Legal Separation: The Basics

A legal separation allows a married couple to live separately while remaining legally married. This process can provide couples with an opportunity to work on their relationship without the permanence of a divorce. Couples who choose legal separation are still entitled to certain marital benefits, such as maintaining health insurance coverage or preserving retirement benefits, while they attempt to resolve their differences.

In Utah, a legal separation requires the couple to reach an agreement on various issues, such as child custody, visitation, child support, spousal support (alimony), and the division of property and debts. This agreement is then filed with the court and becomes legally binding. It is important to note that a legal separation does not dissolve the marriage, and neither party is free to remarry.

Divorce: The Basics

A divorce, on the other hand, is the legal dissolution of a marriage. Unlike a legal separation, a divorce permanently ends the legal relationship between spouses. This means that once the divorce is finalized, both parties are free to remarry.

In Utah, a divorce can be contested or uncontested. A contested divorce occurs when spouses cannot agree on the terms and require the court to make decisions on their behalf. An uncontested divorce is when both spouses agree on all the terms and can submit a written agreement to the court for approval.

The process of divorce involves resolving many of the same issues as a legal separation, such as child custody, visitation, child support, alimony, and the division of assets and debts. However, the outcome of a divorce is the complete termination of the marriage.

How Rcg Law Group Can Help

Whether you are considering legal separation or divorce, the experienced South Jordan family law attorneys at RCG Law Group are here to provide guidance and support. Our compassionate team can help you navigate the complex legal process and ensure that your rights and interests are protected. We will work closely with you to develop a comprehensive plan that addresses all aspects of your unique situation.

At RCG Law Group, we understand the emotional toll that these life changes can take on you and your family. Our goal is to provide you with the information, advice, and support you need to make the best decision for your future. If you have questions about legal separation or divorce, contact our South Jordan family law firm today to schedule a consultation with one of our knowledgeable attorneys.

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