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What is the legal difference between separating from you husband and divorcing your husband?

I'm considering either filing for separation or filing for divorce from my husband and I was wondering what the legal difference is between the two. Even people who just legally separated I thought might know the difference. Thanks for your time!

14 Answers

  • 1 decade ago
    Favorite Answer

    Being legally separated means you are still married but not living together and divorced means you have ended your marriage.

  • 1 decade ago

    Legal Separation is usually valid only for a period of one year, after that one year, the court usually dismisses it. You are still legally married, this gives you the opportunity to seek counseling and other help. You can turn a legal separation into a divorce, but if you are using an attorney, that is another fee you have to pay for their services.

    Divorce is the first step in no longer being married to your spouse.

    If you are not sure you want to be over with your spouse, a legal separation is the way to go. Otherwise, if you are sure, head straight for the divorce.

  • 1 decade ago

    Being divorced from your spouse means that any matrimonial property and assets you jointly own has nothing to do with you (this is because assets are usually legally divided during divorce proceedings).

    Seperation usually means you're not living in the same house (or room!) with him, and offers hope of any reconciliation. It's a little like a "cooling off" period for both of you until both of you are "sane enough" to think about whether you still want your marriage or not. Seperation isn't the same as divorce - you are still married to your husband.

    Difference between seperation and legal seperation? Legal seperation means you're both officially seperated and your lawyer (or his) knows it and has a document saying so. Legal seperation documents would also make "evidence" for divorce later on (2 years in most states in the USA, 3 in Singapore).

  • 1 decade ago

    In California you need to be separated before a divorce cen be final.

    The main difference is that you cannot remarry until you are divorced.

    You also maintain right to community property which then has to be resolved in divorce court.

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  • 1 decade ago

    Separated means that you are still married but usually not living together.

    Divorced: end to the marriage life. Free to date and remarry.

  • 1 decade ago

    A seperation is exactly that; seperated from your husband but still legally married whereas a divorce is a legal end to your marriage

    Source(s): Florida Paralegal
  • 1 decade ago

    Being legally serperated means that you are still married but not living together. That you might try to work things out by being seperated. Divorce means no more living together no more sharing anything together. Once you are divorced you can start dating again with no worries. But being seperated you shouldn't date because if the other one found out they can use it in the divorce procdures.

  • Anonymous
    1 decade ago

    When you are legally separated you have no right to eqyual shares of your conjugal properties and cannot remarry while if you are divorced you can get married again and have equal shares of your conjugal properties..

    Source(s): I think so. Better get divorced then remarry each other again. Good luck. Happy New Year !
  • Anonymous
    1 decade ago

    Go for the gold, file for divorce.

  • Joe C
    Lv 5
    1 decade ago

    Separation should always be opted for instead of a divorce, whenever humanly possible. The only moral reason for possibly getting a divorce is if your spouse is unfaithful.

    The divorce rate of about 50 per cent today is a national disgrace, and I assure everyone that the liberal madness within the culture is to blame.

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