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

The difference between a legal separation and a divorce in North Carolina is a matter of legal status. A legal separation is when a married couple has a court order that legally divides their marital assets and responsibilities such as alimony, child custody, child support, and debt division, but they remain married. A divorce on the other hand, is when a married couple has a court order that legally ends their marriage and all associated rights and responsibilities are terminated. A legal separation in North Carolina does not provide any of the same benefits as a divorce. It does not end the marriage; therefore, neither party can remarry. Additionally, because the marriage is still intact, both parties must still file joint taxes and are still financially responsible for each other’s debts. In contrast, a divorce in North Carolina terminates the marriage, allowing either party to remarry if they so choose. Additionally, it officially divides the marital assets and removes the financial responsibilities for the other partner in regards to debts. Furthermore, both parties are no longer allowed to file joint taxes after their divorce has been finalized. Both legal separation and divorce can have long-lasting effects, so it’s important to consider all the possible outcomes before deciding which route to take. If a couple is unsure about getting a divorce, a legal separation could be a good way to try out the separation and get an understanding of what it will feel like to dissolve the marriage.

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