What is the difference between legal separation and divorce?
Legal separation and divorce are both ways to legally end a marriage, but how they work is quite different. In Texas, legal separation is an alternative to a divorce that does not fully end a marriage. A court can grant a legal separation to a married couple that wants to live apart but remain legally married. It can settle child custody and visitation, spousal support, and the division of assets. There is not a waiting period for legal separation in Texas, so it can be granted quickly. Divorce, however, is the legal dissolution of a marriage, and it is permanent. It requires the court to settle the same issues as legal separation, but it also requires couples to be divorced and freed from all marital responsibilities and rights. There is a 60-day waiting period between the divorce filing and when the court will issue a final decree. The main difference between legal separation and divorce is the permanency of the separation. While legal separation allows couples to remain married, still have access to marital benefits, and could possibly reconcile, divorce is a permanent termination of the marital relationship.
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