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

Legal separation and divorce are both legal processes that may be utilized when a couple decides to dissolve their marriage. In a legal separation, the parties are still legally married, but they are living separately while they work out their issues related to support, custody, and asset division. Unlike divorce, legal separation does not terminate a marriage. In Maine, a legal separation is similar to a divorce in that it is a court-ordered agreement that must be followed by both parties. Both parties will receive an Order of Separate Maintenance and will have to abide by it. This order will include matters related to child custody, child support, and spousal support. Separated or divorced parties must also divide their marital assets and debts. In contrast, a divorce is the legal dissolution of a marriage. Upon the completion of the divorce, the parties are no longer considered married and are legally free to remarry. Unlike legal separation, a court does not have to approve a divorce. In addition, a divorce allows for the division of assets and debts that may have been accrued during the marriage, while a legal separation does not. Ultimately, while legal separation and divorce both allow for the dissolution of a marriage, they are two distinct processes with different outcomes. Legal separations allow the parties to remain legally married, while divorces terminate the marriage completely.

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

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