Divorce: Divorce and Legal Separation

In the United States, there are statistics that indicateground that this process is meant at simply canceling
that half of all marriages will end up in a divorce ora marriage.
legal separation. Often people do not differentiateWhat are the benefits of a legal separation? Legal
between divorce and legal separation. Both divorceseparation often takes place when both parties
and legal separation refer to the situation when aprefer to stay married for religious reasons.
couple decides not to live together anymore. ButThat’s why legal separation is often coined
being separated is much different than beingcatholic legal separation since it preserves the religious
divorced.marriage. Legal separation is not only pursued for
What does legal separation mean? Legal separationreligious reasons, but also for tax reasons. Unlike a
generally refers to a court order which acknowledgesdivorce, the non-custodial parent may be able to
that a couple is no longer living together and that alldeduct from his/her income taxes spousal support
the issues regarding the marriage have beenpayments. Some also prefer not to wait for the
resolved. A legal separation generally means that bothstate statutory waiting period for termination of
parties reached an agreement concerning childmarital status. That’s one of the reasons why a
custody, child visitation, child support, spousal supportlegal separation is often pursued to set the
or alimony, distribution of property, attorney fees,parameters for dealing with one another while living
and personal conduct. However, in a legal separationseparate and apart while keeping the married status,
both parties remain married to each other. Indeedand leaving an opportunity for a reunion or
spouses who are just legally separated are notresumption of marriage. However being legally
allowed to marry another person.separated is not a requirement before filing a divorce.
Divorce, also known as a decree of dissolution ofIn other words, a legal separation is not a prerequisite
marriage, is also a court order but it is for theof the dissolution of a marriage or divorce.
purpose to dissolve or terminate a marriage. BothIf you are considering a legal separation, divorce, or
parties are allowed to marry another person followingdissolution of marriage you would be wise to consult
a divorce since they have returned to an unmarriedan attorney who can inform you legally about your
status. An annulment differs from a divorce on theparticular divorce or legal separation matter.