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Legal Separation Vs. Divorce: some significant points to understand

Submitted by asandil on Sat, 05/17/2014 - 19:14

Most individuals befuddle between a divorced couple and a separated one. Well, they may be two comparable things, however in terms of the more diminutive points of interest, they are marginally distinctive. Here are the main points by which we can describe and differentiate a legal divorced vs. separation.

To understand like a layman, the difference between a legal separation and a divorce is that a divorce ends a marriage, while legal separation does not. A legal separation gives some cool-off time for a disturbed couple and brings them a chance to repair their relationship. And if things work out properly between them, the legal separation ends and the couple can continue their marriage. On the other hand, a divorce puts a permanent full-stop to the marriage. There are some more differences between a legal separation and a divorce.

A few prominent differentiating points are as follow:

  • In the case of legal separation, the health insurance coverage continues without any interruption while divorce ends the health insurance coverage of a spouse and they are forced to pay a higher premium to retain the insurance.
  • A legal separation does not mean the end of a marriage legally. Therefore, after 10 years of marriage, the spouse is applicable for certain social security benefits.
  • A legal separation is also a considered as a 'softer' option to divorce. A divorce is considered as an extreme step and may not be taken by several couples for religious and personal reasons.
  • A legal separation may still end in a divorce, but it gives the marriage a chance, and the couple to get back together.

Practically speaking, no court of law wants a couple get separated, therefore the proceedings starts with a 6 months period which is called a separation period. The legal system gives each and every couple a chance to revive and repair their relationship while missing each other and valuing the association of other. Almost all the family courts have established a separate counselling cell to extend proper guidance and suggestions to those who have got deviated from their path.

If you need any further information or clarification in this regard, please feel free to contact us or post your queries on our website where one of our exclusively appointed legal experts will help you more.