There are primarily two differences between a divorce and legal separation. The first, that in divorce, the assets and debts are completely and financially divided in a divorce. The second is a legal separation does not terminate the marriage, whereas a divorce will.
In legal separation matters, married couples live apart and lead separate lives. However, the couple is legally separated upon obtaining a decree of separation. Typically separation begins as a trial basis, and often becomes permanent – either legally or in the long term.
A separation is legal only if the courts grant a decree of separation. The court divides the property based on spousal, child support, and other factors. We should note, that a legal separation does not end the marriage, as the spouses are still married by law. However, the couple cannot legally remarry until the marriage is legally dissolved.
In a failed marriage, it is common for couples to pursue a divorce which provides a total break from each other.
Here is some additional information on Legal Separation, that we find helpful:
Legal Separation or Divorce: Which is Better Financially?
We’re all familiar with couples who decide to live separately for awhile before actually getting divorced. And typically, these couples use this “trial separation” to decide whether or not they want to pursue formal legal action.
These days, however, more and more couples are deciding to remain separated, rather than divorce –even after they know their marriages are fractured beyond repair.
Why would a woman make this choice? What reasons could there possibly be to live apart from a spouse, and yet remain married? read full article here
At our Law Firm in Jackson, MI we handle all types of legal separation and divorce matters. Please contact us today for a consultation.