What is the difference between a complete divorce or legal separation?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is the difference between a complete divorce or legal separation?

What are situations you do a legal separation and what are the cases you divorce?

Asked on February 27, 2017 under Family Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There are several differences, the main one being that in a legal separation the court does not terminate your marital status. In this case, you'll still need to go through the same process as parties undergoing a divorce, such as dividing marital assets and debts. In other words, when you are separated, you are still legally married to your spouse even though you are living apart. Accordingly, if you later decide to get divorced, you'll have to go through all of the legal steps necessary to end your marriage. That having been said, a legal separation is similar to divorce in that you'll have to negotiate alimony, child custody/support, visitation and the division of your property. Finally, if you decide to remain married, one spouse will be entitled to the other spouse's benefits such as Social Security or health insurance), although some benefits specifically exclude legally separated spouses from eligibility.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption