answersLogoWhite

0


Best Answer

The definition of legal separation depends on your state. Generally, a legal separation is a court decree recognizing that a married couple is living apart and regulating the couple's mutual rights and liabilities. The most important factors are that the couple is still married, can still hold their real property as tenants by the entirety (if one dies the property automatically belongs to the Survivor), may each have the right to make medical or funeral decisions for the other, and each will be the surviving spouse of the other for purposes of inheritance. If one dies the other will inherit as the surviving spouse.

A divorce changes a couple's legal status in relationship to one another. Their marriage is legally dissolved. Once the decree has been entered each party relinquishes any future claims against the other or their estate except for matters related to child support. If the couple owns real property the tenancy is reduced to a tenancy in common. That means if one dies their half interest passes to their heirs at law under the state laws of intestacy or under the terms if their will. A former spouse has no rights of inheritance.

In those states where a legal separation is not available, the parties may opt to live separate and apart pursuant to a separation agreement, which is essentially a written contract that defines their rights and obligations. Alternatively, they may live separately without such a formal agreement. However, in either case they are still legally married.

User Avatar

Wiki User

12y ago
This answer is:
User Avatar
More answers
User Avatar

Wiki User

10y ago

The difference is quite the same everywhere. A divorce dissolves the marriage, making the parties free to marry and absolving each from any legal claims of the other once the decree has been entered. A legal separation allows the parties to live separate lives but they remain legally married. They cannot remarry and each will inherit as the surviving spouse under the laws of intestacy if the other dies.

This answer is:
User Avatar

User Avatar

Wiki User

6y ago

A civil annulment is a court order that treats a marriage as though it never happened. There are specific requirements that must be met.

A legal separation is simply a splitting up of the parties so they lead separate lives although they remain legally married.


A divorce is the legal dissolution of a marriage.


An ecclesiastical annulment is sometimes allowed in the Catholic Church but it must be followed up by a civil divorce to dissolve the marriage legally.

This answer is:
User Avatar

User Avatar

Wiki User

15y ago

Divorce costs the man everything he has. Separation costs more.

This answer is:
User Avatar

User Avatar

Wiki User

13y ago

separated means they are still married, but acting like the are divorced......(not living together, etc.)

divorced means they are no longer married

This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: What is the difference between divorce and legal separation?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

What's the difference between divorce and legal separation?

A divorce is a finalized paper stating that a marriage is officially over. A legal separation is an agreement between partners to not live together but not officially to end the marriage.


What is the difference between a legal separation and divorce in Kentucky?

The difference: a separation means the parties are still married, still inherit from each other's estates but live separately; a divorce is the legal dissolution of the marriage and the parties are no longer legally responsible for or related to each other.The difference: a separation means the parties are still married, still inherit from each other's estates but live separately; a divorce is the legal dissolution of the marriage and the parties are no longer legally responsible for or related to each other.The difference: a separation means the parties are still married, still inherit from each other's estates but live separately; a divorce is the legal dissolution of the marriage and the parties are no longer legally responsible for or related to each other.The difference: a separation means the parties are still married, still inherit from each other's estates but live separately; a divorce is the legal dissolution of the marriage and the parties are no longer legally responsible for or related to each other.


I have a Legal separation now I want a divorce?

Legal separation is to the same thing as divorce and is not always a prerequisite to a obtaining a dissolution of marriage (i.e. divorce). Although many of the issues (such as alimony, child support, etc) that would traditionally be dealt with in a divorce were done in your legal separation, you still need to go through the divorce process, starting with filing for divorce. At no point, no matter how long you have been separated, will a legal separation turn into a divorce.


Is legal separation cheaper than divorce?

As you have four children it is better to get a divorce once and for all, then a legal separation. It will solve you problems later on.


What is the difference between divorce from bed and board and an absolute divorce?

A divorce is the legal dissolution of a marriage by a court decree absolute.A divorce from bad and board refers to a court sanctioned legal separation used in the fifties and sixties by people who could not divorce for religious reasons or other reasons. You can read more about this odd arrangement at the related link.


How is a legal separation different than a divorce in the state of wi?

With a legal separation the couple remains legally married. A divorce ends the marriage legally and the parties have no further legal claims against each other.With a legal separation the couple remains legally married. A divorce ends the marriage legally and the parties have no further legal claims against each other.With a legal separation the couple remains legally married. A divorce ends the marriage legally and the parties have no further legal claims against each other.With a legal separation the couple remains legally married. A divorce ends the marriage legally and the parties have no further legal claims against each other.


Can a change be made before a divorce if a legal separation has been signed?

Usually a change can be made not only to a divorce (child support amount) but also to a legal separation. The change has to be plausible.


Can you have a relationship with legal separation in Georgia?

I think, you can have a relationship with legal separation in Georgia.You just need to seek the help of divorce lawyers.


Saperation of which type?

In the context of a marriage, there are three different kinds of separation which are trial, permanent, and legal. A legal separation is different than a divorce.


In Canada how long after legal separation are you officially divorced?

I am not sure in Canada, but in the States separation is different from divorce. They are two separate sets of legal paperwork. I would I assume it is the same in Canada. If you haven't filed divorce papers you won't have a divorce.


Can you still divorce if you lived together during your legal separation in NY?

Yes, you can still divorce if you lived together during your legal separation in New York. In the state of New York, there is no requirement to live apart during the separation period in order to file for divorce. As long as you meet the other requirements for divorce, such as establishing fault grounds or having a separation agreement, you can proceed with the divorce process.


How soon can you file for divorce after a legal separation?

No, generally both parties will need to request the dissolution of marriage petition be withdrawn or dismissed, and then need to file a petition of separation. Not every state will grant a legal separation decree, nor dismiss a divorce petition depending upon the circumstances.