Although legal separation and divorce share some similarities, they are not the same.
With legal separation, there are still many formal legalities that must be put in place, such as:
When filing for legal separation, you or your spouse must allege one of the following:
Like a traditional divorce
The process for legal separation is similar in that if you and your spouse cannot agree on issues related to your divorce, then the court will get involved and decide for you. In addition, it is important to know that any orders made by the judge in a legal separation must be followed, just like a traditional divorce.
While there are many similarities in a legal separation and divorce, one of the key differences is that in a legal separation, both spouses are still married when the legal separation is finalized and neither spouse can remarry until an actual divorce is issued upon one of the spouse’s requests.