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

A legal separation and a divorce both end a marriage, but they are two very different processes. In Virginia, a legal separation is an agreement between spouses that resolves all of the same issues that would be settled in a divorce, including divisions of property, child custody and support, and alimony. The difference is that the spouses remain legally married, and no divorce decree is granted. A legal separation is not a requirement before a divorce in Virginia, and a legal separation does not automatically convert to a divorce. A divorce, also known as a dissolution of marriage in Virginia, is a court judgment that officially terminates a marriage. The court divides property, assigns responsibility for debts, and determines child support, custody, and visitation. A divorcing couple must also decide whether one spouse will pay alimony to the other. To grant a divorce, the court must find that the marriage has broken “down irretrievably” and “there is no reasonable prospect of reconciliation.” A divorce decree is binding and enforces the rights and obligations of the former spouses. In conclusion, a legal separation is not technically a divorce, but rather an agreement between the two spouses that resolves the issues related to a marriage without an official termination. A divorce is a court judgment that officially terminates the marriage, dividing property and assigning financial obligations, as well as determining child support and custody.

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