What is the difference between a legal separation and a divorce?

In Delaware, a legal separation and a divorce are two different legal processes that result in two different situations for the parties involved. A legal separation is a document that states that two married people are living separately but remain legally married. The document will address issues such as division of property and spousal support, but the parties will still remain legally married. A divorce is a legal action that terminates a marriage. This is a permanent change to the marital status of the parties. Through a divorce, the court will address any remaining issues between the parties such as division of marital assets, spousal support, and child custody. A legal separation does not necessarily have to lead to a divorce. The parties may still choose to reconcile and remain married. However, a divorce is the only way to officially end a marriage through the court system. In Delaware, either party can file for a divorce or legal separation. However, the court will only grant a divorce if the required legal conditions are met. Generally, those requirements include living apart for a minimum period of time and demonstrating that the marriage is irreconcilable or that the other party has committed certain misconduct.

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What is the difference between a legal separation and a divorce?

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