The Difference Between a Divorce & a Legal Separation
A divorce and a legal separation are two distinct legal actions. A divorce has a permanent effect, but a separation is temporary. In addition, a divorce legally ends a marriage, while a legal separation does not.
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What is the Difference Between a Legal Separation and a Divorce
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A legal separation occurs where spouses agree to separate from one another. The marriage remains legally intact, but the couple formally agrees to live separately. Conversely, a divorce is permanent and ends a marriage.
Differences in Obtaining a Separation and Divorce
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A legal separation occurs when the parties reduce their agreement regarding the separation to a formal legal document, known as a separation agreement. The agreement is filed with the court and contains provisions regarding child custody, visitation and support, assets, and spousal support. Conversely, a divorce occurs through a formal court action and may involve a trial and court motions in order to be completed.
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Differences in Reasons for Separation and Divorce
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A separation can be done for any reason. However, a divorce is different, and the reasons accepted by a court for the divorce vary. In many states, fault of one of the parties must be assigned. For example, a spouse had an extramarital affair, and this forms the basis for the divorce.
Different Issues for Separation and Divorce
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In a separation, the court just files the agreement and executes it as a formal legal document. The contents of the agreement can be whatever the parties want to agree upon. However, in a divorce, the court will review the different issues of child custody, support and alimony.
Forms
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It may be possible to create your own separation or divorce papers. Legal stationary stores and on line sites offer forms which can be utilized. The types of forms to be utilized for a separation are referred to as "separation agreement" forms. Divorce forms include a "petition for divorce" and/or "notice of motion of divorce."
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