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What Is the Difference Between Divorce & Legal Separation Under Family Law? February 19, 2019

Bolivar, Polk
What Is the Difference Between Divorce & Legal Separation Under Family Law?, Bolivar, Missouri

If you have been unhappy in your marriage for a while and are ready to do something about it, you may be wondering whether to pursue a divorce or legal separation. Naturally, each approach has advantages and drawbacks. A family law attorney can evaluate the specifics of your situation and help you determine which to pursue. In the meantime, here is some general information regarding the major differences between the two. 

Legal Separation

Couples who are legally separated remain married in the eyes of the law, but they no longer live together. As a result, they must pursue a court order that addresses all aspects of their relationship, including spousal maintenance, child support, and property division. Since they are still technically married, though, they retain all the benefits that come with it. Examples include various tax breaks, health insurance coverage, and pension plan benefits.


family lawDivorce effectively dissolves a marriage. Therefore, couples who take this route will not retain any of the benefits of being married. They will, however, secure a fresh start. Excluding any alimony and child support obligations, couples who get divorced are no longer linked in any way, and both parties are free to marry whomever they wish. In that same vein, though, if they decide to get back together, they must get remarried. Unlike legal separation, divorce is permanent, which means there is no way to reverse it. 


If you’ve decided to pursue legal separation or divorce, get in touch with the family law team at Kirksey Law Firm. Based in Bolivar, MO, this firm is comprised of five seasoned attorneys who have several decades of combined experience in the legal profession. Their primary practice areas are personal injury law and family law. By limiting their scope of services to just two areas, they can provide the most comprehensive, up-to-date, and relevant counsel possible. To request an initial consultation with a divorce attorney on their team, reach out online or call (417) 326-4529.

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