What is the difference between a divorce and a legal separation?
A separation occurs when a couple decides to live separately for reasons other than temporary convenience (e.g., one spouse’s work takes him out of town for extended periods). The separation becomes “legal” if it results in a contract (Separation Agreement) that defines their rights and obligations as a separated couple. The separation does not affect their actual marital status. A divorce, on the other hand, is the legal dissolution of the marriage by way of a judgment from a judge (divorce judgment). It usually is granted after an action for divorce is started in court on the grounds that the parties have been or expect to be actually separated for a period greater than one year without the possibility of reconciliation. The divorce court action can be started before the year has expired, but the divorce cannot be granted until the year is up (unless other grounds for divorce are present, such as cruelty or adultery).
