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What Is The Difference Between Divorce & Legal Separation?

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By Author: Erick Wright
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In an unhappy marriage when it feels like that all love is lost or partners stopped feeling loved or secured, they try to escape from such a relationship. At such time many turn to legal separations or divorce. When a couple has serious problems with each other, it might seem like a divorce is the only way to split off as well as protect your finances. Although, just like a divorce, the same protection is offered by legal separation and in some cases, it works out even better. At such a confusing time people prefer consulting a divorce lawyer, to help them know the best for them as per their situation.

While choosing divorce or legal separation, one should understand that how they both would impact your life as well as how they compare. Deciding whether to get a divorce or a legal separation can be very confusing. So for making the right decision, the couple needs to be aware of the emotional and legal effects of both of them.

It is important to weigh both divorce and legal separation. Legal Separation and divorce have similar effects in several ...
... ways. Legally they both create a space between a couple.

Legal Separation:-

Legal Separation is actually a major transform in the status of any marriage. In some states, it is easy to get a legal separation just by filing the request regarding it in family court. It is like putting marriage on hold. In a legal separation, both spouses start living separate lives by moving to different homes, but they have to still mark that they are married on forms, as legally they remain married to each other.

It is an agreement that sets the arrangement for raising the children, divides the couple's property, and ends the financial connection they both have. For a legal separation, the couple needs to get a court to approve the decision and then put together an agreement of legal separation.


Divorce is the complete dissolution of a marriage. In divorce each asset is divided, arrangements for the children are made, support is determined, and the wife is allowed to return to her former name. after a divorce, a marriage ended formally. The couple no longer remains married to each other and they both are free to remarry. They both are allowed to live their life, their way, either single or with someone.

A legal separation continues the relationship between the couple to some extent at least, so they also remain connected to each other, however, there is nothing such in divorce, as everything ends with the case.

On the way to divorce, a legal separation act as a stopping point. With it, the couple gets the time or opportunity to resolve their important issues while keeping their marriage intact. It helps them determine what they actually want. While in divorce, the couple doesn’t have any chance to solve their issues or go back after the final decision. So we can say that divorce is irreversible while a legal separation is reversible.

Legal separation is also sometimes better and easier for the children. But divorce is better when there is the risk of abuse, violence, etc. It is also better when you want to end the marriage and don't see any financial advantage from the separation. A divorce also gives a couple, the opportunity to start a new life separately and peacefully, the way they want. It is like permission to get remarried.

While considering legal separation or divorce from the spouse, many people get confused. At such time consulting a qualified and experienced family or divorce lawyer, in jurisdiction results beneficial. The lawyer can advise on the process involved with both the procedure, their problems, benefits, and other factors.

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