Legal separation and divorce are often confused, as they require many of the same elements to take effect. It is important to understand that, in most regions, legal separation and divorce are very different in the eyes of the law, however similar they may feel on an emotional level. Understanding the basic differences between legal separation and divorce can help couples decide on what action is best for a troubled marriage.
A legal separation is an order that temporarily suspends a marriage, while allowing spouses to retain some of the rights granted through marriage. Typically, this allows couples to continue sharing health benefits and reach agreements on custody sharing, spousal support, and other divisions of rights and responsibilities. In some regions, people filing for a legal separation do not need to meet the same residency requirements as those filing for divorce.
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