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

A legal separation and a divorce are two very different things in Massachusetts. A legal separation does not end a marriage, but rather provides an arrangement of a separation of the couple where they live apart and their finances and obligations are divided. This allows couples time to decide if they should reconcile or move forward with a divorce. A divorce, however, is a court order that officially ends the marriage and helps to divide the assets and debts between the parties. This allows couples to move forward with their life, and in the process remove their financial, legal, and social connections to one another. The divorce process itself can be lengthy and expensive, as it requires the filing of paperwork and a court date. There are also a variety of things to consider with a divorce, such as alimony, custody, and visitation rights, that can be negotiated by an experienced attorney. A legal separation is generally a less expensive and lengthy process, but it does not give the couple the same closure or protection as does a divorce. Therefore, any couple considering either a legal separation or a divorce should discuss their options with an experienced attorney in order to determine the best course of action for their specific situation.

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