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How do divorce and legal separation differ?

On Behalf of | Sep 4, 2015 | Divorce

There may come a point in a couple’s marriage when they are torn between staying together and getting a divorce. For many, the decision may come easy, but for others, it may take some time to decide if the relationship should continue. Couples who find themselves in this situation often look at their options, which includes legal separation, before making a final decision. With divorce and legal separation being different, before couples can make a decision about their marriage, many look at the difference between the two.

One of the main differences between divorce and legal separation is that divorce is when a marriage is legally ended. When people are separated, the two are still legally married but do not live together. Even though the two spouses are married, when a couple is legally separated, courts may award separation maintenance in the form of child and spousal support and address other issues, such as property division and child custody, almost as if the couple were getting a divorce.

Whatever the court orders may only be temporary depending on if and when the couples decide to no longer be legally separated. However, there is a chance that the couple will decide to go through with a divorce or get permanently separated. Regardless of the decision they make, they may need the assistance of an attorney.

If you and your spouse are considering a divorce or legal separation, you may want to contact an attorney. When couples are experiencing difficulty in their relationship, they may need assistance with the process of becoming legally separated or divorced. The end of a marriage can be emotional for both spouses, but with the help of an attorney, the transition from married to separated or divorced may be made easier.


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