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

A legal separation and a divorce both refer to the termination of a marriage. However, they are very different from one another. In Kansas, legal separation is a court-approved agreement between the spouses that allows them to live apart but still remain legally married. In a legal separation, most of the same issues involved in a divorce, such as child support, child custody, and division of assets, are addressed. However, the spouses are still considered married and therefore cannot remarry or file joint taxes. They can, however, have a written agreement that assigns certain rights and responsibilities to each spouse. A divorce, on the other hand, legally ends a marriage and is also referred to as a “dissolution of marriage.” In a divorce, all the same issues that would be addressed in a legal separation, would also be addressed in the divorce. The primary difference is that the divorce completely ends the marriage, allowing the spouses to remarry and file individual taxes. In addition, when filing for a divorce, in Kansas, either spouse can seek a “fault” divorce. This requires one spouse to demonstrate that the other spouse committed adultery, abandonment, or was physically or mentally abusive. In conclusion, legal separation and divorce are two very different processes due to the fact that one does not end the marriage, while the other does. If two spouses are considering terminating their marriage, they should consult with a lawyer to determine which option is best for them.

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