Legal Separation vs Divorce: What You Need to Know
Legal separation and divorce are two distinct legal concepts, although they share some similarities. Here’s a brief overview of both:
Legal Separation: Legal separation is a legal process through which a married couple formalizes their decision to live separately while remaining married. It involves obtaining a court-approved separation agreement that outlines the rights and responsibilities of each spouse during the separation period. This agreement typically covers issues such as child custody, child support, spousal support, division of assets, and debts. The couple remains legally married, but they live apart and have a legally recognized arrangement for managing their affairs.
Divorce: Divorce, on the other hand, is the legal termination of a marriage. It dissolves the marital bond and releases both spouses from their marital obligations. In a divorce, the couple goes through a legal process to obtain a court decree that declares their marriage as legally ended. As part of the divorce process, the court addresses various issues such as child custody, child support, spousal support, and division of assets and debts. After the divorce is finalized, the spouses are no longer legally married and are free to remarry if they wish.
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While legal separation and divorce serve different purposes, they may have some similarities in terms of addressing issues like child custody, support, and division of assets. However, the main difference lies in the fact that legal separation allows the couple to live separately while remaining married, whereas divorce results in the termination of the marriage.
It’s important to note that laws related to legal separation and divorce can vary by jurisdiction, so it’s always advisable to consult with a legal professional or refer to the specific laws of your country or state for accurate and up-to-date information.