If you and your spouse choose not to continue your relationship, you can decide to separate or divorce. Some couples separate without getting the courts involved, while others request a legal separation or decide to move forward by working with a divorce attorney. Here is a guide to the differences between a legal separation and divorce. 

How a Legal Separation Differs From Divorce

What the Differences Are

A legal separation means you are still married to your partner, while a divorce dissolves the union, so you are no longer legally bound to one another. Like a divorce, a legal separation will mean you won’t live with your spouse. However, you cannot remarry unless you’re divorced. This separation is also reversible since you are still married in the eyes of the law.

Many couples decide to legally separate instead of getting a divorce due to religious differences or because they have not lived in their state long enough to petition the courts for a divorce. Whatever the reason for the separation, the court has some of the same powers it does during divorce proceedings, including determining child visitation and custody agreements, as well as property divisions.

What a Legal Separation Offers

Legal separations allow married couples to enjoy the same financial benefits they did while married, including retaining their health care and social security benefits, as well as property rights. If you remain legally married, you will still get the tax benefits. These separations also offer personal benefits, particularly when children are involved. If you have children but are not sure you want to remain married to your spouse, living apart for a time allows you to consider your future without the stress divorce proceedings can put on yourself and children. And since you are still married, you can easily reconcile without legal complications, if that’s what you both want.

What a Divorce Offers

When you and your spouse desire separate lives, divorce terminates the marriage, so you are free to remarry at any time. Most states enforce a six month to one year separation period before proceedings can begin. And while you will no longer enjoy the financial benefits you did while married to your spouse, working with reputable divorce attorneys will help divide the assets and determine child support to the satisfaction of both parties.
 

If you are considering a legal separation or divorce, contact The Law Offices of Conti, Levy and Salerno, LLC. These divorce attorneys offer a combined experience of 75 years. Based in Litchfield County, CT, this law firm specializes in civil litigation, criminal law, and family law. Call (860) 482-4451 today to schedule a free consultation with a divorce attorney, or review their areas of practice online.