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Murfreesboro Divorce Attorney Supports Spouses Through Legal Separation

Helping couples understand the options and pursue solutions 

When a couple decides to end their marriage, there are many decisions that will need to be made. The process can be overwhelming and stressful. It is important to be aware of all of your options and pursue the path that is right for you. One potential path is legal separation, which is similar to a divorce but also has meaningful differences. At The Law Office of David L. Scott, our Murfreesboro divorce lawyer assists you in determining which option is the best for your particular situation. We know each spouse is unique, and requires an individualized plan for their future.

How does a legal separation differ from a divorce? 

A legal separation allows spouses to live apart under an official arrangement without actually filing for divorce. A spouse can file to have the separation converted to an absolute divorce over the objection of the other if there is no reconciliation within two years, although either spouse can also file for divorce during the two-year period. As with a Tennessee divorce, a legal separation agreement can cover the logistical issues of living apart, including: 

  • Providing for spousal support

  • Determining a child custody arrangement

  • Dividing assets and debt

The grounds for legal separation and divorce in Tennessee are the same, so both are options available for couples looking to uncouple. Whether legal separation is right for you will depend on your personal situation and plan for the future. Regardless of whether you think reconciliation is possible, you will want an official agreement in place governing the terms of your legal separation to protect your financial rights. For this reason, the process of legally separating can be just as involved as a divorce. We can review the implications of both divorce and legal separation to determine which is right for you. 

Is legal separation a better financial option? 

Whether divorce or legal separation makes the most sense financially is highly dependent on your individual situation. There may be advantages to a legal separation for some. For example, a spouse married more than 10 years may be entitled to 50% of the social security benefits their spouse is entitled to based on their work record. Therefore, it may be advantageous for a couple married 8 years to legally separate for 2 years to meet the 10-year threshold prior to completely divorcing. Other examples of when it might be advantageous to remain legally separated include: 

  • To retain health benefits

  • To retain certain military benefits

  • To obtain the benefit of filing a joint tax return 

The financial benefits of legal separation vary greatly depending on the person, and necessitate a thorough review of your circumstances to ensure you are taking the most advantageous route possible. We will meticulously analyze your situation to determine whether there are any financial advantages to a legal separation. We aim to provide you with the peace of mind knowing you’re chosen the best option possible.

Providing committed, compassionate counsel to spouses in transition 

Deciding to live apart from your spouse is a deeply personal and often painful decision. But it can also be an opportunity for a fresh start, either with your current spouse or apart from them. The emotional toll of this decision is difficult enough, don’t go through the legal process alone. At The Law Office of David L. Scott, our Murfreesboro divorce lawyer is dedicated to protecting your rights and helping you through the transition. Call our office to schedule a free initial consultation at 615-896-7656 or contact us online
 
 
 

 

 

2 Locations to Serve You

722 South Church Street
Murfreesboro, TN 37130

Phone: 615-896-7656

Map and Directions

 

4322 Harding Pike #417
Nashville, TN 37205

Phone: 615-203-8062

Map and Directions


 

Based in Murfreesboro, Tennessee, we are pleased to serve clients throughout Middle Tennessee in Murfreesboro, Smyrna, Franklin, Brentwood, Nashville, Woodbury, McMinnville, Manchester, Shelbyville, Lebanon, Mount Juliet and other communities in Rutherford County, Williamson County, Cannon County, Bedford County, Davidson County, Wilson County and Coffee County.

 
     

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