Should you divorce or get a legal separation decree?
This is the biggest question married couples have. While a few couples know when things are no longer working and admit the fact that they need to divorce, the majority tends to lie on the cup-half-full side of things hoping that the marriage will work. But, there is another group, the ones who know that they aren’t working any more but they want to stay married. Which of these three categories do you fall into? Are you in for divorce or legal separation?
Divorce and legal separation
Divorce refers to an expensive legal process that leads to the dissolution of marriage. On the other hand, legal separation is an equally long process that is almost as costly as a divorce that leaves a couple married but living separately and independently. After a divorce, you can date and remarry, but this isn’t the case with a legal separation.
Why choose legal separation?
Humans are different, and they want different things. A couple may, despite their differences and even fights, choose to sign a marital separation agreement in South Dakota, and stay married for the following reasons:
Religious beliefs – for some, their religious beliefs bar them from breaking the union created through marriage. So, they opt for legal separation as a way to live peacefully apart and tied by the vows of marriage.
Tax benefits – the other reason why people sign South Dakota marital separation agreements in legal separation is that it allows the couple to continue receiving income tax benefits, as well as tax deductions associated with married couples.
Children – some couples choose to stay married for the sake of their children. Kids are greatly affected by divorces and the stigma that comes with it. Therefore, parents may choose to remain married for their kids’ emotional well-being and stability.
Matters discussed in legal separation cases
Alimony or spousal support, child custody, child support, and child visitation
Unfortunately, legal separation proceedings are just as comprehensive and as complex as divorce processes.
Divorce in South Dakota
There are two types of divorce cases, the contested and the uncontested cases.
For this divorce case, both parties get along and agree on mutual matters pertaining to dissolution of their marriages. The benefits of uncontested divorce cases include:
Savings – these divorces save loads of money as you don’t have to argue over different matters for a long time.
It is less stressful as there few hardships around the processes.
If both parties fail to agree on their separation and parting ways, they will have to go for a contested divorce. These contested divorces are held in family law courts because the couple has to come to a mutual agreement on child custody issues, visitation, alimony, and property division. The process is exhausting, and the back and forth between the lawyers result in a lengthy court process that is emotionally and financially draining.
Note that legal separations in South Dakota have nothing to do with property divisions but divorces center focus on the separations.
If you prefer legal separation over a divorce and you need a marital separation, you are in the right place as we have the marital separation agreement ready, just for you.
Whether you live in Sioux Falls, Rapid City or any other city of South Dakota, you can use our legal forms easily.