Not all troubled marriages end in divorce. If a married couple desires to separate, but believes that the marriage can be saved; or, that couple desires to stay married for religious, insurance, health, or other reasons, they may petition the court for a legal separation. A legal separation is a court ruling that the conditions or circumstances of a marriage make it intolerable for spouses to live together, but that the marriage should not be dissolved entirely as it would with a divorce.
A legal separation and a divorce are legally similar, but with a few extremely important differences. The following is a brief explanation of the primary legal differences between a legal separation and a divorce
The Differences
The primary difference between a legal separation and a divorce is that with a legal separation, your marriage will not be dissolved, thus you will remain legally married and will not be able to re-marry until you actually divorce.
Another important distinction is that, unlike a divorce, a legal separation is not a “final order” and can be modified by the court at anytime during the separation upon petition to do so. Also, if at anytime during legal separation either party believes that their differences are irreconcilable, they can still file for divorce.
One final distinction is that spouses seeking a legal separation are not required to meet any residency or waiting period requirements and a legal separation may be granted as soon as the same day that the petition is filed.
The Similarities
Legal separation and divorce are similar in that they share the same filing requirements and both require a division of assets, division of debts, a parenting plan for the children, child support, and alimony. In addition, the grounds upon which a legal separation may be granted are the same grounds as for a divorce:
- Incompatibility,
- Abandonment for one year,
- Adultery,
- Impotency,
- If the wife gets pregnant by a man other than her husband, while she is married,
- Extreme cruelty,
- Fraudulent contract,
- Habitual drunkenness,
- Gross neglect of duty,
- Imprisonment, or
- Insanity for a period of five years.
Conclusion
To summarize, the main difference between a legal separation and a divorce is that a legal separation allows you to live separately but stay legally married. You get all of the benefits (and headaches) of a divorce without dissolving your marriage. This can allow you and your spouse the time and space to try and resolve your differences and decide if a divorce is in your best interests or not. An attorney knowledgeable in family law should be able and willing to further advise you of the legal requirements and benefits of obtaining a legal separation instead of a divorce.
Confidential Consultation: Muskogee Family Lawyer
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