On behalf of Stange Law Firm, PC posted in Legal Separation on Friday, June 12, 2015.
The primary difference between legal separation and divorce is that a couple is still technically married, even if they are legally separated, whereas in a divorce, the marriage is ended. This is a particularly crucial distinction to make if a couple is unsure that they truly want their marriage to be ended, but they still wish to have many issue commonly covered by divorce to be mandated by the courts.
There are many reasons that someone may wish to separate without officially divorcing, from social stigmas to even legal benefits, but if a couple is going to separate, it is helpful to know what to expect. When you enter into a separation agreement with your spouse, things like asset division and child custody will be laid out, and these agreements will affect the asset division and child custody agreements if a couple decides to divorce as well.
However, the important thing to remember about legal separation compared to divorce is that it is much easier to resume a life together. If a couple were to divorce, they would have to remarry in order to bring things back to the way they were before divorcing. With a legal separation, all a couple has to do is submit a request to the courts that the marriage be resumed.
Ultimately, legal separation varies very little from divorce. It is perhaps most useful as a way for a couple that is considering divorce to gain a better idea of what their lives would be like after a divorce. Couples who decide that they prefer married life and would rather work to keep their marriage intact can then resume their marriage easily, whereas couples who decide that divorce is right for them can then have a smoother, easier divorce process.