Legal Separation

If you are considering a legal separation or a divorce then we feel it is important to know what a legal separation is and how it differs from a divorce.

In a legal separation the property is still divided just like in a divorce, so you would still decide who is taking what car or furniture etc. Also, just like in a divorce the parenting time/custody of the children would still be decided. Therefore, a parenting plan would still be drafting outlining what days you would have the children and what days your spouse would have the children. Additionally, just like in a divorce child support and alimony would also be determined. Therefore, in a legal separation you, or the Court, would determine everything the same as in a divorce but the advantage or disadvantage would be that you and your spouse are still legally married to each other.

One possible advantage to still being married to each other and obtaining a legal separation would be that you could still stay on a spouses insurance policy as you are still husband and wife, and that the parties maintain the legal relationship of bring married in the event of death or disability.

One possible disadvantage to still being married to each other and obtaining a legal separation would be that the law in Tennessee presumes that any child born during the time of marriage is presumed to a child of the marriage. Therefore, if a legal separation is obtained and not a divorce and a new child is born then the husband would be automatically presumed to the father of that child even if the husband and wife no longer lived together. Again, with a legal separation you are still legally married so even though you are legally separation there maybe consequences to still bring married to one another.

The family attorneys of Widrig Law PLLC can assist you in the Middle Tennessee, Nashville, area with your legal separation or divorce. If you have further questions please do not hesitate to contact us and schedule an initial consultation.