4 Common Reasons Couples Separate Instead of Divorce

divorce or separation

If your marriage is on the rocks and seems headed toward dissolution, it’s vital to understand divorce vs. separation. There are advantages as well as repercussions to either choice. Here are four common reasons couples separate first instead of going straight to divorce.

#1: Time for Potential Reconciliation

There are many reasons that marriages can feel strained, where one feels the only possible relief can come from divorce. One of the benefits of separation before divorce is that it allows time for potential healing and possible reconciliation. Sometimes time apart is just what’s needed for a couple to reconnect.

#2: Financial Benefits

Many married couples have intermingled finances from their life together. Divorce will create the need to sever those financial ties; a process that can be contentious and tedious. A separation allows time to work through some of the details of your finances and budget before deciding if divorce is inevitable.

#3: Maintaining Benefits

Many times, benefits such as health, dental, and life insurance can’t continue for a family after a divorce, or become unaffordable. To maintain those benefits while also navigating the end of a marriage, it’s often beneficial to separate while resolving those financial issues.

#4: Preparation for Divorce

Though there are many reasons for a separation before a divorce, one of the most common is that it allows for preparation time. A divorce can be complex, emotional, and overwhelming. Separation gives time and breathing room to plan how things can and should proceed. It creates a starting point for the spouse and the children to learn the new normal without the pressure of rushing to divide assets, or create final orders of monumental importance.

Though South Carolina does not recognize “legal separation”, details regarding support, child custody and visitation, preservation of assets, and restraining orders can be put in place by the courts until you decide to move forward with a divorce. An order of Separate Support and Maintenance will not end the marriage, but it can make life easier for everyone involved, or at least detail your rights and obligations as you contemplate a divorce.

For the legal help you need when navigating divorce vs. separation, contact McCutchen McLean, LLC.

When Do I Need a Business Law Attorney?

business lawyer

Do you need a business law attorney? If you’re a business owner, it might seem like an unnecessary expense, but it can also save your company should a legal issue arise. Here are some situations when you might need a business law attorney.

Lawsuit Protection

Is someone suing you? A lawsuit can come up for any number of reasons. It could be a former employee filing a discrimination, hostile work environment, or wrongful termination suit. On the other hand, it could be a customer or client suing you for personal injury, breach of contract, or misleading marketing. Even if the lawsuits are frivolous, you still need an attorney to represent you and protect you and your business.

Drafting Contracts

You know your business better than anyone, so it might seem natural to assume you can write up contracts that protect you. However, there are legalities that you might not be aware of. Therefore, it’s critical to have a business lawyer help you with drafting and negotiating contracts to ensure your legal protection.

Compliance Issues

You might not know about every state and federal requirement and regulation when it comes to running your business, but a business lawyer does. Everything from incorporation to building property, from paying taxes to providing products and services out of state, there are regulations your business must comply with or face serious ramifications.

You might not need a business law attorney every day, but protecting your business should be your number one priority. When the time comes that you need legal representation or a business lawyer for guidance and advice, contact the trusted and experienced team at McCutchen McLean, LLC.



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I recently had a tax issue with the IRS. I called McCutchen McClean law firm and they were able to fit me in quickly. They sat down with me, reviewed all the documents, listened to my concerns, and gave me wonderful advice as to how to fix the issue. They were friendly and understanding. Now, my tax issue is resolved, taking a HUGE weight off my mind. I would recommend them for any tax issue you may have! The service, hospitality, knowledge, and professionalism was outstanding!



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I have referred several clients to them. My clients are very happy with the outstanding, timely service they receive. James and Robin are extremely smart and professional, yet speak in "plain english" so everyone walks away educated regarding their tax, estate or family law issue.



Smart people that do great work.



I used Robin McLean as an attorney to secure a divorce about 20 months ago. I found her to be efficient, reasonably priced, and very well skilled. I was completely happy with her work. She did what she said. Since that time, I needed additional help with paperwork and she responded promptly and to my complete satisfaction. I highly recommend Robin as an attorney.


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