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

A legal separation and a divorce are both legal processes that separate married couples by legally ending the marital partnership and recognizing the rights of each person as separate legal entities. However, there are some important differences between the two. In Rhode Island, a legal separation does not legally end a marriage as it will in the case of a divorce. When legally separated, a couple is still married, but they are given the opportunity to live separately and address issues such as custody and parenting time, finances, and division of property. Once a couple is legally separated, they cannot remarry until they obtain a divorce. Divorce, on the other hand, completely ends a marriage. It is a court-issued document that legally recognizes that the marriage has been dissolved, and that all rights and obligations of the marriage are over. Divorce may also address issues such as custody and parenting time, finances, and division of property. Divorced couples can remarry once the divorce is finalized. Although a legal separation and a divorce are both legally binding processes, there are important differences between them. A legal separation does not end a marriage, while a divorce does. In addition, issues such as custody and parenting time, finances, and division of property are addressed during both processes, but the way these issues are addressed varies between the two.

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

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