Legal Separation Vs Divorce: What Is The
By: Benjamin E. Hertz|LRL Editor
For people who want to go their separate ways, it is important for them
to learn legal separation vs. divorce. This is because there are people who are not aware
that there is such a difference exists.
One major different between the two is that divorce is the method which in legal terms
terminates the marriage permanently. Given that the divorce is already final, each party is granted the permission
to be married to another person without incurring any legal conflict. However, a separation allows for the parting
of ways without necessarily terminating the marriage. This in turn suggests that both parties are not allowed to
remarry unless a divorce is filed and approved. This should clarify the issue between the legal separation vs.
Another thing is that upon separation, concerns such as child support, division of
property, child custody as well as alimony are all dealt with a legal separation in the same manner these things
are managed in a divorce. In many states, legal separation can be transformed into a formal divorce once any party
requests for it. In this case, the question now is what is the point of accomplishing a legal separation? Let's
explore some more features of legal separation vs. divorce.
Basically, there are several types of separation. In essence, a legal separation is set to
safeguard the interests of both parties while the couple makes their decision on what to do with the separation.
This is documented using a court order or a separation agreement. Most couples usually find a way to work things
out and choose to reconcile.
Legal separation does not allow for remarriage since it does not at all terminate the
marriage. There are some cases wherein the cultural as well as religious beliefs of a person do not allow them to
file for a divorce. In this case, a legal separation can provide them the necessary legal protection in the same
manner as divorce but without necessarily committing to divorce.
Legal separation can allow both parties to think first about the situation before finally
deciding to file a request for divorce. The time apart provided by legal separation to couple can help them
consider and rethink the whole process. This can give them a clearer outlook about the whole ordeal. In fact, most
states suggest and mandate couples to firstly file for a legal separation before proceeding to an actual
View Family Law Videos
Child Custody For
Fathers: Arm Yourself In Court
Rights Child Custody: Practical Advice To Prepare You
Custody Forms: Learn What Are The Different Types Of Forms
Questions: Here Are Your Answers
Rights: Guidelines To Avoid Any Conflicts Or Even Legal Violations
Records: Find Out How They Work
Forms: What You Should Know