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

A legal separation and a divorce are both legal processes that end a marriage in Hawaii, but there are some important differences between the two. A legal separation is a court order that details how you and your spouse will divide your marital property and debt, your child custody and support arrangements, and spousal support. It also determines who is responsible for paying which debts and how you will be taxed. However, you and your spouse remain legally married. This means you are still legally obligated to your spouse in regards to finances and other matters. A divorce, on the other hand, is a legal order that formally ends your marriage. With a divorce, all of the same issues as a legal separation are addressed. This includes the division of your property and debt, child custody and support arrangements, and spousal support. After a divorce, you and your spouse will no longer be legally obligated to one another. In Hawaii, either you or your spouse can file for either a legal separation or a divorce. However, a legal separation is only available if both you and your spouse agree to the terms of the separation and it is approved by the court. Furthermore, if you choose to get divorced, both you and your spouse must appear before a judge in order to receive a divorce judgment. Ultimately, a legal separation and a divorce are both ways to legally end your marriage, but they each have distinct differences. A legal separation keeps you and your spouse legally married, while a divorce terminates your marriage. Depending on your unique situation, a legal separation or a divorce may be more appropriate for you in Hawaii.

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