A Simple Guide to Understanding Legal Separation vs. Divorce

Greg Tiernen, Yahoo! Contributor Network
Aug 30, 2009 "Share your voice on Yahoo! websites. Start Here."

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There is some confusion amongst most people as to the differences between legal separation and divorce, really the differences come when you look at the smaller legal details. The following is simple and straightforward explanation of the conditions and definitions of legal separation vs. divorce.

The biggest difference between the two, a legal separation and divorce is the fact that a divorce ends the marriage while the legal separation does not. So taking legal separation vs. divorce there is the idea of finality. If things are worked out a legal separation can be ended and the couple reconciles. Obviously with a divorce there is a severing and the marriage is done. Below are further details of the "legal separation vs. divorce" discussion:

Legal Separation
There are options for those looking to work out problem relationships; divorce is straightforward while separations have many options. These legal separations should be considered before a full blow divorce.

Types of Separation:
Trial Separation: Simply living apart for a short period of time. There is often a clashing of the personalities and eventually the couple will realize that they indeed want the relationship and that divorce would not be right for them.

Living Apart: As the name states the couple is no longer living in the same place. This has more of a legal separation slant to be as there are some specific arrangements in certain states with this dealing with assets and debts, especially if there is little chance of the couple getting back together.

Permanent Separation: A couple is surely splitting up, with this legal separation all assets and debts are each of the spouses' responsibility. There are exceptions however for those dealing with their marital home and/or children.

Legal Separation: Fairly similar to a divorce, there is court involvement with items like property division and child custody but the marriage is not ended. So there is still the chance to recoup there isn't that finality.

Legal Separation vs. Divorce: Knowing what a legal separation is we can compare it to a divorce and find the advantages or disadvantages of each:

Legal Separation does not end health insurance coverage, whereas divorce does.

Legal Separation legally doesn't end marriage and therefore allows spouses to be applicable for social security benefits after 10+ years.

Legal Separation is less extreme and still and option for those who may not view divorce as one because of something such as religion.
As stated before a legal separation gives the marriage a chance to recoup against a divorce, which is final.

The only disadvantage is that bigamy is not permitted so legal separation does not allow second marriage.

Legal separation vs. divorce either way it is a breaking of a bond that is unfortunate. Thankfully there are options that couples can and do take before they go all out and get a divorce and that are what legal separation is about. They can take the time and get counseling or get the time to themselves that they need.

1) LEGAL /JUDICIAL SEPERATION IS  A LESSER REMEDY  WHEREAS DIVORCE IS A DRASTIC STEP AND THE LAST REMEDY

2)LEGAL SEPERATION DOESNOT DISSOLVE THE MARRIAGE    WHEREAS A DECREE OF DIVORCE PUTS AN END TO THE MARRIAGE

3) LEGALLY SEPERATED MALE/FEMALE ARE NOT ENTITLED FOR A  REMARRIAGE WITH ANOTHER PERSON WHERE AS THE PARTIES WITH A  DIVORCE         DECREE ARE   ENTITLED FOR ANOTHER MARRIAGE WITH ANY OTHER PERSON OF HIS/HER CHOICE

4) IN SIMPLE TERMS THE OBJECT OF  LEGAL/JUDICIAL SEPERATION IS ADJUTMENT AND REUNION OF THE SPOUSES WHEREAS THE OBJECT OF DIVORCE IS TO  PUT TO AN END TO THE MARRIAGE

No one cannot marry again on the basis of legal seperation....

For a new marriage, one needs to get divorce decree from the Hon'ble court.