The Difference Between Legal Separation & Divorce

Couples do not always want or have the opportunity to divorce. There are many reasons for this. And then the spouses who no longer wish to be tied to each other look for other legal options.

This article will walk you through the basics of the divorce proceeding and how you can create applications for divorce online quickly. You will also learn the difference between divorce and legal separation and which cases qualify you for a complete divorce online.

What is a Legal Separation?

Legal separation is a long-distance marriage. The couple lives separately and apart and shares property, child custody, and alimony. Usually, the spouses move to different houses, but the court does not prohibit them from living under the same roof.

One spouse needs to go to court and draw up a legal separation agreement to obtain a legal separation. This agreement establishes the procedure for raising minor children and ends general financial ties. The process for obtaining a legal separation is similar to getting a divorce and takes about the same amount of time.

Legal separation can offer the same protections as divorce, and in some cases, it is better. When choosing what best suits a particular case, spouses need to consider the personal and financial benefits.

What is the Difference Between Legal Separation and Divorce?

There are several significant differences between divorce and legal separation. The most obvious difference is that the spouses remain married during the legal separation. Other differences include:

• Legal separation allows each spouse to maintain health care and other social security benefits that end after divorce.
• After divorce, spouses have the right to remarry; legal separation allows a couple to maintain their marital status, they can not get married to someone else.
• The spouses are still considered as close relatives and can make medical or financial decisions for each other; divorced spouses lose this right and are not considered relatives.
• Spouses may still be liable for each other’s debts under legal separation; upon divorce, the debts are divided between the spouses.
• Legal separation of spouses saves the legal rights of each spouse to property in the event of the death of the other; upon divorce, the court annuls this right.
• Divorce can not be reversed; upon divorce, the spouses will have to remarry if they want legal reunification; legal separation is easier to reconcile since they are officially still married.

What is Similar Between Divorce and Legal Separation?

As mentioned earlier, spouses need to undergo the same procedure as a divorce to get a legal separation. In both cases, the court considers:

• Property division;
• Child custody;
• Maintenance (including child support and spousal support); and
• Child visitation.

The spouses can discuss these issues on their own and provide the court with a signed agreement. This step will speed up the final decision. If the partners do not agree on at least one of the points, the court will decide for the couple.

Why Choose Legal Separation?

The spouses file for legal separation for several reasons. Here are the most common:

• Partners are not sure that they want to end the marriage, but they want to be financially protected;
• Spouses do not want to lose health insurance and retirement benefits through the other spouse;
• The couple can not divorce for religious reasons;
• Spouses can continue to file tax returns jointly and receive some tax benefits.
• Spouses can obtain separation to remain married and meet the requirements for receiving social security and military benefits from the spouse’s work.

Why Choose Divorce?

If the spouses do not have any specific reason or advantage to stay married, they should choose to divorce.

The cost of divorce and legal separation is practically the same. However, if the spouses want to get a divorce after receiving the legal separation, they will have to undergo the same procedure again and pay everything again.

Divorce gives former spouses the right to remarry and breaks all ties between them. Former spouses are no longer close relatives, and they no longer need to make financial or medical decisions involving the other spouse.

It is worth noting that not all states allow for legal separation. In such cases, the spouses will need to get a divorce to financially separate from their spouses.

How to Get a Divorce?

When filing for divorce, the petitioner and the respondent must meet the state requirements as the dissolution of marriage. 

Generally, state law requires one spouse to reside in the state for six months or more. But this point should be clarified with a lawyer since each state has its specific residency requirements.

If the spouses have complied with the residency requirement, they can start filling out the divorce papers. When filling out documents, the petitioner should indicate the grounds for divorce. Most states allow spouses to get either a no-fault or fault divorce. 

Reasons for getting a fault divorce include adultery, cruelty, abuse, etc. To obtain a divorce without fault and not have to provide the court with evidence, the petitioner should point out in the divorce forms that the marriage broke up due to irreconcilable differences.

How to File for a Divorce or Separation?

There are several ways to fill out the documents. The first is to leave all paperwork to a lawyer. The second is to use the services of online divorce companies that prepare forms for an uncontested divorce.

Online divorce is a fast, inexpensive, and effortless way to choose and fill out divorce forms. In addition, divorce over the internet allows you to have a do-it-yourself dissolution without an attorney.

For an affordable, fixed price, web divorce software offers to select the package of documents under your case and fill out the papers for you based on the information you give. They also provide you with a step-by-step guide for further applying for a divorce. 

Petitioners can use the internet divorce services for DIY divorce in cooperation with a lawyer. While your lawyer is busy with more complex work, you can prepare the forms yourself. Thus, reducing the final cost of divorce.

Waiting Period and Filing Fees

The divorce process consists of several parts. Essential steps include paying the filing fee and going through a waiting period. Each state determines the amount of payment and the number of days.

Final Words

Each couple must decide for themselves what is best for them. Sometimes the spouses live separately and apart even without a court decree. But in this case, they are not financially secure.