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Rhode Island Legal Separation Attorney

How is legal separation different from divorce?

In a legal divorce, the courts will address child issues, division of assets, spousal support, and temporary matters that need to be decided until the divorce is finalized (living arrangements, bill payments, etc.). With legal separation, courts cannot consider any division of assets, but will still make rules on the other three categories.

The main difference is that you will still technically be married to your spouse.

The other aspect to consider is that your finances will remain mixed, and your marital assets will still need to be divided should you decided to go through with a divorce. For example, if you or your spouse wins the lottery, it will be considered a marital asset. And if you or your spouse acquires a large amount of debt, it will also still be considered marital debt.

Can I still get a divorce after a legal separation?

It is important to consider the benefits that legal separation will afford before making any final decisions. As you will still be married, you will be able to file your taxes jointly, receive tax breaks afforded to married couples, and enjoy the protections and rights given to married persons. If, during the course of your legal separation you decide that a divorce is a better choice, you may convert your separation into a divorce proceeding.

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The Advantage to Working with The Law Office of Patricia A. Sullivan

When you discuss your case with my, I will be able to tell you if legal separation is the best option for you. Contact my office by phone or email to schedule your free consultation today!

The Law Office of Patricia A. Sullivan is here to protect your interests during the course of your separation. I have over 30 years of experience practicing law and am interested not only in your short-term success, but also in setting you up for long term financial health. Legal separation can be a stressful time and I can make sure your rights are protected so that you can concentrate on moving forward.