by Elayne B. Kesselman, Esq.

Should I get a separation or a divorce? In some jurisdictions, the grounds--or reasons--you must prove to become legally separated (which means you have a judgment of separation signed by a judge) are nearly the same as the grounds needed to obtain a divorce, and so there is no advantage in getting legally separated. Some people, for religious reasons, do not want a divorce, but do want to end the obligations which come with marriage, and so seek a judgment of separation. Some individuals seek an annulment also for religious reasons or because the facts of their circumstances are such that an annulment is appropriate. Is there an advantage to having a judgment of divorce rather than a judgment of separation? If you want finality in your marital status, certainly it is preferable to be divorced. Alternatively, if you do not wish to be divorced, but want to have no legal obligations to your spouse, a judgment of separation would be preferable.