It’s never easy to get divorced; and one of the things that makes it so much more difficult is the air of secrecy that hovers around the practice. People often feel as if they need to keep their divorces quiet, and to never discuss them due to shame. But the fact is that around 40% to 50% of all American couples end up divorcing. The more we talk about divorce, the easier it will be for people to end their marriages if need be. Of course, the problem that some struggle with to this day is the lack of understanding about the mechanics of divorce. The process involves more than just getting in touch with divorce attorneys and jump-starting the legal split. In fact, states vary on their divorce requirements; but in general, a legal separation is almost always recommended if not entirely required. With that being said, what is a legal separation? And what exactly must you do in order to have yours handled correctly in Tennessee? Let’s find out.
Do I Need To Get A Legal Separation In Order To Divorce In Tennessee?
You do not necessarily need to be legally separated before you divorce in Tennessee, but there are a number of benefits to separating before you divorce. Furthermore, although you could theoretically live separately from your spouse without getting legally separated, there are a number of benefits to separating legally rather than simply moving into a separate house. For that matter, it’s important to remember that there is a reason why legal separations are often advised before a couple moves on to a divorce. For one thing, it’s quite possible that one or both of you may still be open to working on the marriage. Investing in a divorce and then regretting it is at best a waste of time and money, and at worst true, irreparable damage done to the relationship that you will regret. It’s much easier to reconcile following a separation versus a divorce. But of course, persona issues are not the only reasons why you may want to work through a legal separation before divorcing.
What Are The Benefits Of Separating Rather Than Moving Quickly Towards Divorce?
There are so many benefits, aside from those emotional issues, to separating for a time rather than divorcing. There are certain federal and tax benefits that couples attain when they marry, and these will be maintained even if you’re legally separated; on the other hand, these benefits are lost entirely when you divorce, and both parties would suffer in this case. Furthermore, if both spouses would potentially benefit from a military pension, that benefit can be preserved as well. A spouse who could be giving up a military pension may want to consider this before leaping to a divorce. Both parties within the marriage can also stay on each other’s medical insurance, which could be personally and financially expedient for both. Some, particularly those who are going through a more amicable breakup, prefer to remain within a legal separation rather than divorcing unless another pressing matter occurs. Some even remain legally separated until they find someone else that they would like to marry. This is a matter of personal preference, though dating within a legal separation can be complicated in terms of how it may affect your divorce terms later, and you should discuss the matter with a divorce lawyer before you decide on a legal separation. Another thing to consider, of course, is the family. Couples that are legally separated rather than divorced can often more easily determine custody agreements, and if nothing else it can be a good transition period for their children.
Why Separate Legally Versus Informally?
Essentially, a legal separation takes what you may already be doing, but turns it into a judge’s order. Legal separation decrees can include child custody agreements, agreed upon financial support, and distribution of assets. It makes matters more cut and dry legally, and can provide you with the reassurance that you’ll probably need through your split. Rest assured that a legal separation is there to protect you. It’s your armor as you prepare for divorce; but it also allows you to reconcile if need be.
