Franklin Divorce vs. Legal Separation: Which Is Right for You?

When a marriage hits a breaking point, deciding what comes next is never easy. For many couples in Tennessee, the immediate thought is divorce—a final and legal end to the relationship. But for others, there’s a different path that may offer more flexibility: legal separation.

At Durak Law in Franklin, TN, we know that no two families are alike. Some couples choose separation for religious or moral reasons, others to retain healthcare benefits, and some simply need time and space before making a final decision. Legal separation can create that space while still offering the structure and protection of a court order.

If you’re considering a Franklin divorce or legal separation, call a Franklin divorce lawyer at Durak Law today at (629) 210-0866—we’re here to guide you with care and clarity.

What is Legal Separation in Tennessee?

In Tennessee, legal separation is a formal, court-recognized process that allows married couples to live apart while remaining legally married. Unlike informal separation — where couples simply live apart without legal intervention or recognition — legal separation involves filing a petition with the court and results in binding orders covering issues like child custody, visitation, spousal support, and property division.

Importantly, legal separation does not end the marriage. Unlike divorce, it preserves the legal marital bond, meaning neither spouse can remarry. This option appeals to couples with religious, financial, or personal reasons for avoiding divorce, while still needing formal guidance on how to live separately.

Under Tennessee Code § 36-4-102, legal separation offers many of the legal protections of a Franklin divorce without dissolving the marriage entirely—providing time, structure, and space to determine the next steps.

Key Differences Between Legal Separation and Divorce in Franklin

While both legal separation and divorce address critical issues such as child custody, support, and property division, their fundamental distinction lies in the marital status of the parties involved.

With a legal separation situation, couples remain legally married, even as they live apart and establish formal arrangements through court orders.  In contrast, a divorce permanently ends the marriage and all legal ties between spouses.

This core difference has several significant implications:

• Remarriage: Spouses cannot legally remarry while they are legally separated.  Divorce, on the other hand, dissolves the marriage contract, awarding both parties the freedom to remarry.
• Health Insurance and Benefits: Legal separation often allows one spouse to maintain coverage on the other’s health insurance plan, or to continue receiving other benefits like Social Security or military benefits, which might be lost after a divorce.
• Religious and Personal Values: For some individuals, divorce conflicts with deeply held religious or moral beliefs. Legal separation can provide a viable alternative that respects these values while still addressing the practical necessities of living apart.
• Property Division: In a divorce, the court is mandated to equitably divide all marital property. For legal separation, the court has the discretion to divide property or to postpone this issue, though most couples choose to divide assets during separation.

Why Some Couples Choose Legal Separation Instead of Divorce

For some Tennessee couples, legal separation provides a middle ground that better suits their needs.

Here are a few common reasons why separation is chosen over a Franklin divorce:

• Religious or Moral Beliefs: Some individuals view divorce as incompatible with their spiritual or cultural values. Legal separation offers a way to live apart without violating those principles.
• Financial Considerations: Separation may allow a spouse to retain access to certain benefits, such as employer-provided health insurance or tax advantages that would be lost in a divorce.
• Possibility of Reconciliation: Legal separation gives couples time and structure to work through challenges, while keeping the door open for reconciliation without starting from scratch.
• Children and Family Stability: For families with children, separation can feel less final or disruptive. It allows parents to co-parent under a legal framework while maintaining a sense of stability for the children.

Legal separation in Franklin is not just a pause—it’s a deliberate legal step that can protect both spouses while giving them time to consider their future.

When Legal Separation Might Not Be the Best Choice

While legal separation can be the right solution for some, it isn’t ideal in every situation. In certain cases, pursuing a Franklin divorce may be the most viable option:

• One party plans to remarry soon
• A clean break is needed for emotional or safety reasons
• There is domestic violence or abuse
• One party refuses to cooperate or follow court orders

Can a Legal Separation Be Converted to Divorce?

Yes—legal separation in Tennessee can be converted into a divorce if one or both spouses later decide to formally end the marriage. In fact, many couples use legal separation as a stepping stone, allowing time to evaluate their situation before finalizing a divorce.

If a Franklin divorce is pursued, the court can reference the existing legal separation orders—including those related to child custody, support, alimony, and property division—as part of the divorce proceedings.

Legal separation doesn’t have to be permanent, but it does create a legal foundation that can make the next steps clearer—whether toward reconciliation or divorce.

How to Pursue Legal Separation in Franklin, Tennessee

Pursuing legal separation in Tennessee involves formal steps similar to those required for a Franklin divorce but results in spouses remaining legally married.

Here’s an overview of the process:

1. Filing a Petition: One spouse must file a petition for legal separation in the family court, stating the grounds for separation. Tennessee requires that at least one spouse be a resident for six months before filing.
2. Serving the Petition: The other spouse must be legally notified of the petition and given an opportunity to respond.
3. Negotiating Terms: During a mandatory waiting period of 60 days (90 days if minor children are involved), the spouses work to agree on a plan such as child custody and visitation, spousal and child support, property division, and living arrangements. If they cannot reach agreement, the court will decide unresolved matters after this period.
4. Consider Mediation: Many couples find mediation useful to reduce conflict and minimize legal costs. Mediation facilitates communication and helps spouses settle disputes amicably before final court approval.
5. Court Approval: Once agreements are finalized, the court enters a legally binding separation order outlining all terms. This separation agreement shapes the rights and responsibilities of both parties during the separation.

Deciding Between a Franklin Divorce and Legal Separation? Know Your Options

For some couples, legal separation offers a strategic alternative to divorce—one that respects personal values, protects financial interests, and leaves room for potential reconciliation. Whether driven by religious beliefs, the need to retain benefits, or the desire for stability during a difficult time, legal separation can be a meaningful option.

However, it’s important to fully understand the differences between a Franklin divorce and separation before making a decision. Each path carries its own legal, emotional, and practical implications. If you’re unsure which option is right for your circumstances, speaking with a knowledgeable family law attorney can provide the clarity and guidance you need.

At Durak Law in Franklin, TN, we’re here to help you weigh your options with compassion and experience. Call us today at (629) 210-0866 to schedule a confidential consultation and take the next step with confidence.