Legal Separation Vs Divorce  

Legal separation and divorce are not the same. While divorce declares a permanent end to the marriage, legal separation allows temporary separation of the couples to see any possibilities of resolving the marriage.

Legal separation is a step that couples in an unhappy marriage can take before divorce in order to live a separate life on a temporary basis and see whether conflicts can be worked out during this time period. If the couples still think that the relationship may not fruitful, then the next step is to file for divorce separately.

During legal separation process, a separation document is drafted by the couple. The terms would be signed by each of the partners upon mutual consent. If there is a conflict with the terms highlighted in the document, the final verdict is given by the judge.

In some cases, legal separation gives the couple the time to make financial adjustments between themselves like loan or mortgage repayments and rental leases. Child visitation, custody and support are other common issues that are dealt with during this period.

Note that the separation agreement terms would be set as precedence if divorce is applied at a future date. Hence, if you are not agreeable to certain terms after divorce, it is recommended to not consent to those conditions in the agreement.

Legal separation does not automatically result in a divorce in all cases. The couple can choose to reconcile and restart their marital life without further intervention by law. Otherwise, in case they want to file for a divorce, they have to do so separately and go through the whole process independently.

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