What is the difference between legal separation and divorce?

Legal separation and divorce involve the dissolution of a marriage. However, there are key distinctions between the two that are important to consider. Legal separation is when a couple, who is still married, opts to live separately and legally divide their assets. This means that the couple is still married, but the couple will live separately and not engage in marital activities. Depending on the state, legal separations may be voluntary or ordered by a court. In New Hampshire, legal separation is voluntary and does not require a court order. Divorce, on the other hand, is the legal dissolution of a marriage by a court. Couples must go before a judge to state their case and the court has the authority to decide how assets and responsibilities will be divided. In New Hampshire, couples must have a valid reason for wanting a divorce, such as irreconcilable differences or separation for a certain period of time. The main difference between legal separation and divorce is that in a divorce the marriage is ended and in a legal separation, the marriage is still technically in effect. While the couple may live separately, they are still legally considered married and are responsible for any marital debts incurred during the period of separation. Divorce provides closure, finality and allows for remarriage. Legal separation does not provide any of the same benefits.

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What is the difference between legal separation and divorce?

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