What is the difference between divorce and legal separation?
The procedures for divorce and legal separation are essentially the same. The actions are filed in the same way and proceed the same way through the court’s calendar. And, the end result for both will be a final judgment which divides assets and debts, determines financial obligations between the spouses, and establishes placement and custody rights to the children. However, a legal separation is different from a divorce. If you are legally separated, you cannot marry anyone else until the legal separation is converted to a divorce, and then you must wait six months after this is done. Also, if you are legally separated and you reconcile with your spouse, you can dismiss the legal separation and thus restore the marriage. In contrast, if you divorce, you will have to remarry your spouse. Also, in some circumstances, one spouse may be eligible for continuing health coverage from the other spouse’s employer, even after a legal separation is granted. The same is not true with a divorce.
A legal separation is a judicially recognized separation between spouses. A legal separation does not end the marriage and both spouses are prohibited from remarrying or entering into a domestic partnership with another person. Simply living apart or agreeing to separate for a period of time does not constitute a legal separation in most states. However, some states consider the date of permanent separation, rather than the date of legal separation, when determining the length of the marriage for purposes of dividing marital assets.
The ending of a marriage or domestic partnership is a “dissolution of marriage” or “dissolution of domestic partnership” and is commonly referred to as a divorce. It ends a marriage and allows the parties to marry again; a legal separation does not. In both divorce and legal separation cases, the parties may request orders for child and/or spousal support, custody and visitation, domestic violence restraining orders, etc. Legal separation may be preferable for couples wishing for a legal separation to live apart and to formally decide on money, property, and parenting issues. Reasons include religion, to maintain health insurance for one through the other’s plan, or to maintain benefits that require the parties to be married.
IT also depends on the state. In some states the seperation is null and void after 1 year, unless you renew. And the divorce does entitle you to some things that a seperation may not. In wa it entitles a woman to a name change without spending extra other than the documents like when she got married. Just read the laws and make sure you understand. You can look them up online.
