Separation & Divorce: What’s the Difference?
Many people do not know the difference between a legal separation and divorce. There really is only one major thing that differentiates the two from one another.
Robinson & Henry Family Law attorneys explain what makes legal separation different from divorce.
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The Difference Between Separation and Divorce
Essentially, you follow the same exact process for a legal separation that you would in a divorce.
You are:
- dividing assets
- dividing debts
- coming up with a parenting plan
- spousal maintenance is also something that’s on the table
The only difference is that at the end of the case you’re given a decree of legal separation rather than a decree of dissolution of marriage.
Legal Separation or Divorce?
Once that decree of legal separation enters, there is a mandatory six-month waiting period before either spouse can do a motion to convert that decree of legal separation into a decree of dissolution.
Reasons why people might choose a legal separation over a divorce:
- a reconciliation may be possible
- protect themselves and stop the clock on spousal maintenance, for instance
- religious beliefs that don’t allow for divorce
- continue healthcare coverage
Connect with Our Family Law Team
Call in at 303-688-0944 to set up a case assessment, you can also schedule online.