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What is the difference between legal separation and divorce?

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  • 1 decade ago
    Favorite Answer

    Unlike divorce, a legal separation does not put an end to the marriage. During a legal separation, you have a court order that outlines the rights and responsibilities of each spouse while they are living apart. You remain legally married while choosing to live separate lives. Issues that can be addressed in a separation agreement are division of assets and debts, child custody and child support, visitation schedules and spousal support.

    The laws may vary from state-to-state.

    Source(s): www.thepsychoexwife com
  • 1 decade ago

    Actually, separation just means that you live apart and are still married....no papers required. A "Legal Separation" is almost like a divorce. It requires a petition, takes the same amount of time to complete and costs about the same as a divorce. The biggest difference is what everyone has been saying, if you get a legal separation you are still considered married. The wife can change her name if she took the husbands. If it costs the same and takes the same amount of time why not just divorce ? :) I think that we have to have the option of a "Legal Separation" for beliefs, moral values and in some cases health insurance. However, you need a divorce if you want to get remarried.

    Source(s): When my parents decided to separate I wondered the same thing, they are just separated. I went to this site. http://www.nhbar.org/pdfs/2LsvDiv01.pdf
  • Anonymous
    1 decade ago

    Legal separation=living apart still married, are taking time away to work out problems or getting ready to file for divorce. legal separation gives the couple time to work on separation of marital assets, child support, vistation and be prepared before they do file for divorce.

    Divorce=Disllusionment of marriage it is the end of a marriage marriage no longer exists.

  • 1 decade ago

    Just as it says...a legal separation means your both separated and living separate lives but not yet divorced...divorce means you can do what every you want as a single person.

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  • ?
    Lv 4
    5 years ago

    i could consider the previous solutions on criminal separation and divorce - criminal separation being the place the married couple are no longer from now on legally tied to each so like one individual mentioned, if he/she is going loopy and racks up quite some debt, the different individual heavily isn't legally to blame for those funds owed. i think of criminal custody potential what a choose has declared because of the fact the custody association so in case you (or you and somebody else) have been granted criminal custody it potential that this replaced into granted to you in a court docket of regulation and you have a criminal declare which you would be able to implement by the courts if mandatory. Whoever has been granted actual custody is whoever certainly gets to have the child (or maybe though/whoever the custody is for) stay with them. absolutely everyone else who shares custody only gets visitation rights in the event that they weren't granted actual custody.

  • 1 decade ago

    being separated is by choice. You and your mate choose not to be together but you are still married.

    Legally separated is the time between when divorce papers are filed and when the divorce is final.

    Divorce is when you and your mate no longer have any marital ties.

  • Emanon
    Lv 6
    1 decade ago

    You're still married if you're legally separated. You're not married if you're divorced.

  • 1 decade ago

    legal separation means that you are still technically married.

  • 1 decade ago

    as above if you are legal separted, you are still married but living apart, and Divorced is just that not married to any one

    Source(s): Attorney Generals Office
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