What is the difference between a legal separation and a divorce?
The legal process is the same. While in the absence of adultery, parties must both (a) separate; and (b) remain physically separated on an uninterrupted bases for at least 12 months before either party may legally seek a divorce from the Court, a legal separation can be achieved by agreement of the parties, does not involve a “waiting period” and does not necessarily involve a Court. Divorces cannot be final for at least 6 months, while a legal separation can be final almost immediately. The largest difference between the two is that if you proceed with divorce you are no longer married. A legal separation only separates the two parties – they remain married.
A legal separation can have several meanings depending on the context in which it is used. If the parties want to obtain a divorce they must be legally separated under North Carolina law for one year. In this context legally separated means that at least one party intends to live permanently separate and apart. This means separate residences. Separate bedrooms or areas of the same house will not equal a legal separation. As soon as one of the parties moves out intending to live separate and apart then the clock starts toward their one year requirement. For example Bob and Mary want to separate, Bob moves out August 1, 2008 into his own apartment, Bob cannot file for a divorce from Mary until August 2, 2009. There is also a claim under North Carolina law known as Divorce from Bed and Board. This is a judicial decree legally separating the parties and is not really a divorce at all. If the parties obtain a divorce from bed and board they are not free to remarry. The grounds for a court t
In your question, you have used three terms for changes in marriage status: – separation – legal separation – divorce (also called “marriage dissolution”) “Separation” simply means living apart. You do not need to file court papers to separate. The law does not require you to live with your spouse. However, separating from your spouse may affect your legal rights. It is best to talk to a lawyer before separating. If you do separate, you will need to arrange for the care of the children, financial support, and payment of bills. A mediator or lawyer can help you and your spouse reach an agreement. A lawyer can advise you on your legal options, if an informal agreement is not possible. “Legal Separation” is a major change in the status of your marriage. To get a legal separation you must serve and file a petition in District Court in the county where you or your spouse lives. It is a different process from the divorce process. In Minnesota, you do not have to be separated before you get d
