What is the difference between legal separation and divorce?

Legal separation and divorce are two different legal processes that both involve the termination of a marriage. The primary difference between legal separation and divorce is that with legal separation, the couple remains legally married, while with divorce, the marriage is officially terminated. In North Carolina, legal separation is a legal process that allows spouses to live separately while still legally married, without the need for a divorce. This can be a good option for couples that need to temporarily separate but want to keep their marriage intact. The legal separation process in North Carolina begins when one spouse files a Complaint for Separate Support and Maintenance. The complaint lays out the reasons why the couple has separated and asks the court for an order that requires the other spouse to pay alimony and/or child support, if applicable. Other terms that may be included are related to custody and visitation rights, division of property, debt payments, and insurance. Divorce, on the other hand, is a legal process that completely dissolves a marriage. This process needs to be initiated by one spouse filing a Complaint for Divorce. The divorce complaint is similar to a legal separation complaint in that it may include requests for alimony, child custody, visitation rights, and the division of property. In conclusion, the primary difference between legal separation and divorce is that with legal separation, the couple remains legally married, while with divorce, the marriage is officially terminated.

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