Legal Separation Attorneys in Tennessee - Agreements - Columbia, Franklin

Franklin, Columbia & Brentwood Legal Separation Lawyers

Our Franklin legal separation attorneys help you understand the differences between separation and divorce

If you are not certain whether a separation or divorce is the right path to take when your marriage is not functioning, contact us to discuss your legal options. The following information may help you understand the differences between getting a divorce versus getting a legal separation. For more than 30 years, attorney Adrian Altshuler and his team of Franklin legal separation attorneys have helped clients with their divorce and separation issues.

How can we help?

What is a legal separation?

First, it is necessary to explain the difference between a separation and a legal separation in Tennessee. When you have begun to live in separate locations, or at least separate sleeping quarters, you are unofficially separated from your spouse. However, to gain legal status as separated in Tennessee is different. In a legal separation:

To acquire a separation in Franklin, Columbia or anywhere else in Tennessee, our family law attorneys can help you create a legal separation agreement.

Based on the information above, you may have concluded that a separation (rather than divorce) is the right way to resolve your marital differences. Although a legal separation is often a preparatory step toward a divorce, sometimes one or both parties are already certain that the differences are truly irreconcilable and therefore come to us for assistance with a divorce. Our lawyers are experienced in any type of divorce or separation that may best suit your situation, including uncontested divorce or contested divorce, collaborative divorce, and legal separation.

Why choose legal separation over divorce in Franklin?

Legal separation and divorce are both options available to couples experiencing marital difficulties in Franklin, or anywhere else. Here are some reasons why a couple might choose legal separation over divorce:

  • Some couples may have personal or religious beliefs that discourage divorce but still acknowledge the need for separation.
  • Legal separation allows couples to maintain certain financial benefits, such as tax benefits, health insurance coverage, or eligibility for spousal benefits like Social Security.
  • Legal separation provides a trial period for couples to assess whether reconciliation is possible without fully committing to divorce.
  • In some communities or cultures, divorce may carry a social stigma or have negative consequences, whereas legal separation may be more socially acceptable.
  • One spouse may need to remain on the other's health insurance plan due to medical reasons, which legal separation allows while divorce might terminate this option.
  • Legal separation can allow couples to establish formal agreements regarding child custody, visitation, and support while still legally married, providing stability for the children.
  • Couples may choose legal separation to protect assets, debts, or investments while they work through their marital issues or finalize financial arrangements.

Ultimately, the decision between legal separation and divorce depends on the specific circumstances and priorities of the couple involved. To determine the best course of action for your situation, schedule a consultation with one of the Franklin legal separation attorneys at the Law Offices of Adrian H. Altshuler & Associates today.

Why choose divorce over legal separation in Franklin?

Choosing divorce over legal separation in Franklin can be a significant decision, and individuals may opt for divorce for several reasons:

  • Divorce legally terminates the marital relationship, allowing both parties to move on with their lives independently. This finality can provide closure and clarity for individuals seeking to definitively end their marriage.
  • Following a divorce, individuals are free to remarry if they choose to do so, whereas legal separation maintains the marital status, preventing either party from entering into a new marriage.
  • Divorce typically involves a formal division of marital assets and debts, providing clarity and legal protection for each spouse's financial interests. Legal separation may not always involve a formal division of property, leaving financial matters unresolved.
  • In some cases, divorcing spouses may no longer be eligible for coverage under their former partner's health insurance plan, which can be a consideration for those seeking independence and autonomy.
  • Divorce can have significant tax implications, affecting issues such as filing status, deductions, and exemptions, which may differ from those associated with legal separation.
  • For many individuals, divorce represents a decisive step toward emotional closure and the opportunity to move forward with their lives, free from the constraints of the marriage.
  • While legal separation can address issues related to child custody and support, divorce typically involves more formal and enforceable agreements regarding these matters, providing greater clarity and stability for children and parents alike.
  • In some cases, the social and emotional implications of divorce may be preferable to the ongoing ambiguity and uncertainty associated with legal separation.

Ultimately, the decision to choose divorce over legal separation depends on the unique circumstances, priorities, and goals of the couple involved. The Franklin legal separation attorneys at the Law Offices of Adrian H. Altshuler & Associates can help you go over your options.

What is a trial separation?

In Tennessee, a trial separation refers to a period during which a married couple decides to live separately without formally ending their marriage through divorce or legal separation. During a trial separation, the couple may reside in separate residences and live independent lives while they assess their relationship and consider their options for the future.

A trial separation in Tennessee is not a legally recognized status, however, like legal separation or divorce. Instead, it’s an informal arrangement between the spouses to take time apart to evaluate the marriage and determine whether reconciliation is possible or if divorce is the best course of action.

During a trial separation, couples may establish guidelines or agreements regarding finances, property, child custody, and visitation arrangements. However, these agreements are typically informal and may not have the same legal enforceability as those established during a formal legal separation or divorce proceeding.

It's important for couples considering a trial separation in Tennessee to communicate openly, establish clear boundaries, and seek support from counselors, therapists, or family law attorneys if needed. Additionally, couples should be aware that while a trial separation may offer valuable insight into the health of their relationship, it doesn’t guarantee reconciliation or prevent the possibility of divorce in the future.

Do you have a Franklin legal separation attorney near me?

We offer three locations to better serve our Tennessee clients:

Franklin Office
219 3rd Avenue N.
Franklin, Tennessee 37064-2504

Columbia Office
604 North High Street
Columbia, Tennessee 38401

Brentwood Office
1616 Liberty Blvd #363
Brentwood, TN 37027

We can also schedule video or phone consultations for your convenience.

Compassionate Franklin & Columbia, Tennessee legal separation law firm

At the Law Offices of Adrian H. Altshuler & Associates, we understand that a separation or divorce is a highly personal, life-altering event. Whether you need help with a legal separation or divorce of any kind (contested, uncontested, or collaborative), our compassionate Franklin legal separation lawyers have the experience and character to vigorously represent your rights. To talk to an experienced attorney, call our offices or fill out our contact form to schedule a free consultation. We serve clients out of our Franklin, Brentwood, and Columbia offices.