Legal separation is different from a divorce because it won’t change your marital status and doesn’t allow you to begin another domestic partnership or remarry. However, it’s often a foundation for divorce.
A legal separation separates the debts and property of the involved parties so that you won’t be legally liable for your partner anymore. Like divorce, a legal separation decides child support, visitation, and custody matters. Apart from remaining married to your partner, a legal separation will also not terminate any health or life insurance.
Most people think that a legal separation is temporary, whereas divorce is permanent. This isn’t true. A legal separation can go on for several years or even last a lifetime. However, generally, married couples pursue legal separation when they are unsure if dissolving their union is what they want.
Legal separations entail negotiations over responsibility for bills and debts, property ownership, child visitation, custody, and other things negotiated in divorce proceedings. They also often involve petition filing for a protective or restraining order. Lastly, keep in mind that another reason a couple could be legally separated (at least at first) is that legal separation takes effect immediately. There’s no six-month waiting period for finalization to take place like it is with divorce cases.
