Legal Separation vs.

Divorce:
Understanding the Key Differences
https://www.josephcorey.com/blog/difference-legal-separation-divorce/
Introduction

Legal separation and divorce are two

different legal processes that allow
couples to live apart. While both involve
the separation of assets and
responsibilities, divorce is the permanent
dissolution of a marriage, whereas legal
separation allows couples to live separately
without terminating the marriage. This
presentation will explore the key
differences between these two options.
What is Legal Separation

Legal separation is a legal process that

allows couples to live apart while
remaining legally married. It addresses
issues such as division of assets, child
custody, spousal support, and child
support. Couples who choose legal
separation often do so for religious,
financial, or personal reasons. Unlike
divorce, legal separation does not
terminate the marriage, and the couple
may still be entitled to certain marital
benefits.
Divorce

Divorce is the legal termination of a

marriage. It involves the permanent
dissolution of the marital relationship,
resulting in the couple being considered
legally single. Divorce addresses similar
issues as legal separation, such as property
division, child custody, spousal support,
and child support. Once a divorce is
finalized, both parties are free to remarry
and are no longer entitled to marital
benefits.
Legal Separation vs. Divorce

Legal separation preserves the legal marriage,

while divorce dissolves it. In legal separation, the
couple remains bound by marriage laws; in divorce,
these legal ties no longer exist.

Reasons for Divorce

People seek divorce due to reasons such as

infidelity, domestic abuse, substance abuse, and
various other irreconcilable differences.
Benefits of Legal Separation

Legal separation offers advantages for couples living

apart. It allows them to retain certain marital
privileges, such as military benefits, insurance
coverage, and financial support. This arrangement
enables individuals to lead separate lives while still
enjoying the support and benefits of marriage. It also
serves as a stepping stone towards divorce, allowing
couples to assess their compatibility and evaluate their
future before making final decisions. Overall, legal
separation provides a valuable framework for couples
to redefine their relationship dynamics while
safeguarding their rights and privileges.
Reconsideration and Flexibility

Reconsidering the Relationship: In cases where couples are uncertain about divorce, legal
separation provides a flexible option. Couples can use a legal separation agreement to create a
waiting period for making a final decision about the future.
Duration of Legal Separation
Duration of Legal Separation: Couples can
maintain legal separation status for as long as
they desire.Note: Remarrying another person
will necessitate proceeding with a divorce.

Consult with an Attorney

When it comes to divorce or separation, seeking

the expertise of an attorney is essential. An
experienced attorney can provide tailored legal
counsel, navigate the complexities of the legal
system, and ensure your interests are protected.
With their guidance, you can make informed
decisions throughout the process.
 Attorneys at Law Joseph M Corey
Attorneys at Law Joseph M. Corey, Jr. P.A
P.A. is a Law Firm working with an experienced
bilingual team to provide quality legal services tailored for your specific needs at
competitive legal fees. Attorney Joseph M. Corey, Jr., has been practicing Family Law for
over 38 years primarily in Monroe, Miami-Dade, Broward, and Palm Beach Counties.

Bank of America Building,900 W. 49th Street, Suite 204, Hialeah, Florida 33012

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