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Differences between legal separation and divorce

On Behalf of | Jun 22, 2017 | Divorce

It’s not uncommon for some couples to decide to live apart temporarily before they decide whether to end the marriage with divorce. The reasons to opt for a legal separation usually involve financial or personal reasons. An experienced family law firm can fully explain both options to you and recommend the best solution for your case.

A legal separation is very similar to a divorce, both require an agreement regarding what the terms of your separation or divorce will be, it usually involves issues like division of assets and debts, spousal support, child support and visitation. This agreement is binding and its presented in court.

The main difference with a divorce is that the marriage is dissolved, and you can remarry after. With the legal separation you remain married.

Other differences are for example that with legal separation you may still benefit from health care and social security benefits that would otherwise terminate with a divorce.

Regarding reconciliation, this is easier with a legal separation, however in the case of a divorce, this cannot be undone. If you wish to reunite with your ex-partner after a divorce you would have to remarry.

If you’re currently separated and with to terminate your marriage, you can consult with an attorney about converting your legal separation to a divorce.

Some celebrities that chose to separate before filing for divorce are:

1. Rapper Logic and Jessica Andrea, they separated earlier this year and have not yet filed for divorce.

2. David Duchovny and Tea Leoni divorced in 2014, three years after announcing their separation.

3. Heidi Klum and Seal separated in 2012 and divorced in 2014.

4. Hilary Duff and Mike Comrie divorced in 2015, after one year of separation.

5. Ben Affleck and Jennifer Garner separated for two years before filing for divorce in 2016.

6. Tobey Maguire and Jennifer Meyer announced their separation in 2016.

If you wish to learn more about the process of legal separation please visit us for a free consultation, click here to schedule or send a SMS to 619-648-9652.

Legal advertisement. This is not legal advice.

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