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Welcome to Family Law Matters. I’m Dr. Michael Mantel, privileged to be joining Bonnie Rabinovich Mantel, the owner and managing partner of the Primus Family Law Group. Hi, Bonnie.

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Hi, Michael. How are you doing today? Doing well, doing well. I’m not sure when this is airing, but when we are recording it, it is hotter than hmm here, and so we’re trying to say cool, right? Yes, it is hotter than hmm here as well.

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Bonnie, speaking of being heated up, one of the heated discussions that people have is trying to understand and then act on the difference between legal separation and divorce. Are we divorced? Are we just legally separated? Which is better? What’s the difference? You’re the expert. Help us.

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Let me help. There are three ways, in a way. When you and your significant other have decided that you are done with each other, you are separated.

That is not a legal separation. A legal separation is a process like a divorce that will divide your property, create a sharing plan for your children if you have, deal with, support, but you are not divorced. You are still technically married.

A lot of people are like, well, why would I do this instead of getting divorced? Some may do it for religious reasons. Divorce is not called for, and others may do it for something more simple, medical insurance, social security benefits. If you guys are of an age that you’re maybe more of an older divorce, then you would probably want to stay married because you get those benefits, but you don’t want to live together and you don’t want to be together.

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Or if you have an illness, like cancer or a pre-existing condition that’s going to affect your ability to get medical insurance, but you are on the other person’s medical insurance, and as long as you are their spouse, you can stay on their medical insurance. Those are really the two major reasons why people might get legally separated because it’s the same process, it’s the same disclosures, it’s the same finality, except you are still technically married. In my practice, I prefer that people, if you’re done and you don’t have a medical issue or a social security issue, that you go through the process of divorce so you essentially don’t have to do it twice because if you get a legal separation judgment and then you decide you want to get divorced while all the agreements are still in place, you’re going to have to file a new filing fee, serve the other side again, do your disclosures. Ya know,

Why do it twice? Right. Becomes a very expensive process, very time consuming, and it emotionally tears you up once again. Triggers a lot of emotion for so many people.

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There’s another example, folks, of the sensitivity and the relentlessness that Bonnie at Primus Family Law brings. Bonnie, if people want to be in touch with you to talk more about their particular situation and get your insights, how can they be in touch with you? Well, they can reach me directly at 619-574-8000 and you will be put on my calendar for a free 30-minute phone consultation or you can reach us online at www.PrimusFamilyLaw.com. There’s a handy form that you can submit, fill out, and you will still get on my calendar for a free 30-minute phone consultation.