THAPAR AND ASSOCIATES LAW FIRM

Difference Between Legal Separation and Divorce

If you don’t want to live together anymore and not sure you want a divorce, then you can consider a legal separation. A legal separation is when both partners are not sure about ending their marriage. they will be still wife and husband but live separately. Where divorce is the final decision to end their marriage. if you are legally separated you can later decide to get divorced then you have to go through legal proceedings..

Sometimes legal separation gives time and space to think about their marriage weather they want a divorce or not it is easier to revoke legal separation.

In a legal separation, your marital status remains married. This is because your marriage is not terminated yet you are still married. You can live separately, child custody and child visitation order issued by the respective court. This is also mean you are not allowed to remarry if you are separated; you can remarry if you take divorce.

After legal separation partners remain the next kin for each other and have the right to make in financial and medical decisions. this means the spouse still has the power of decision making for you. this will change if you take proper divorce.

All social security remains as it is in legal separation like insurance, pension, medical insurance etc also they can access joint account, saving account and other joint financial credits. They will also enjoy tax benefits if one spouse continues to support the others.

It is clear that divorce is a permanent decision than legal separation however each of them has their advantage and disadvantage also consult with an experienced divorce lawyer before taking any decision

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