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What are the differences between legal separation and divorce?

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April 2, 2023

What are the differences between legal separation and divorce?

Legal separation and divorce are two legal processes that involve the formal dissolution of a marriage or partnership. Although they share some similarities, they also have significant differences that individuals should understand before pursuing either option.

What is Legal Separation?

Legal separation is a process that allows married couples to live apart while still remaining legally married. A legal separation agreement outlines the rights and responsibilities of each spouse, including child custody, child support, spousal support, and property division. Unlike divorce, legal separation does not dissolve the marriage, and couples who obtain a legal separation may still be entitled to certain benefits, such as Social Security and health insurance coverage.

What is Divorce?

Divorce is the legal process of terminating a marriage or partnership. In a divorce, the court will dissolve the marriage and divide assets and debts between the parties. Child custody, child support, and spousal support may also be determined as part of the divorce process. Once the divorce is finalized, the parties are no longer legally married, and they are free to remarry if they choose to do so.

What are the Key Differences Between Legal Separation and Divorce?

The key differences between legal separation and divorce include the following:

  1. Status of the Marriage: Legal separation does not dissolve the marriage, while divorce does.
  2. Remarriage: Individuals who obtain a legal separation are still considered married and cannot remarry, while divorced individuals are free to remarry.
  3. Benefits and Obligations: Couples who obtain a legal separation may still be entitled to certain benefits, such as health insurance coverage and Social Security, while divorced individuals may lose these benefits. Additionally, legal separation does not absolve individuals of their marital obligations, such as spousal support or child support.
  4. Time and Cost: Legal separation is generally faster and less expensive than divorce, as it does not require the same level of legal proceedings.

In summary, legal separation and divorce are two legal processes that involve the formal dissolution of a marriage or partnership. Legal separation allows married couples to live apart while still remaining legally married, while divorce is the legal process of terminating a marriage or partnership. Understanding the key differences between legal separation and divorce can help you make an informed decision about which option is right for your situation.

At We The People, we offer several affordable divorce and legal separation package options. Click here to navigate to our Divorce services page, or click here to navigate to our Legal Separation services page. 

Disclaimer: This content is for informational pruposes only and should not be considered legal advice. Consult with a licensed and qualified attorney for advice specific to your situation. 

This text is property of We The People® and may not be copied, printed, or distributed in any fashion.

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