Divorce vs. Legal Separation: What’s the Difference?

Divorce and trial separation are common choices for couples during a difficult time in their marriage. Legal separation allows couples to live separately while remaining legally married, while divorce is the legal dissolution of the marriage.

Separations involve the court terminating the marriage’s bond, determining child custody and support, and dividing assets and liabilities. Understanding the differences between separation and divorce can help couples navigate this challenging time.

In this reading, we’ll explore divorce and legal separation, their differences, and the perfect one for your marriage situation. We’ll also explain the process of legal separation and divorce in Wisconsin and Colorado.

Let’s begin!

What is Divorce & Legal Separation?

A legal separation is a formal separation between a married couple without filing for a divorce. This legal contract, similar to a divorce decree, outlines the terms and responsibilities of their separation.

It covers property division, parental responsibilities, child custody, time allocation, and child support. The couple can either reconcile or move forward with a divorce in the future.

Separation agreements can cover property division, parental responsibilities, child custody, and spousal support.

This is to say, a Legal Separation case can end a marriage or civil union by dividing property, assets, and debts, and creating a parenting plan for children.

It also determines life decisions and sets child support amounts, unlike a divorce case, which can legally end the marriage or civil union.

What are the Differences Between Legal Separation vs. Divorce?

Legal separation and divorce are two distinct legal processes that involve dividing property ownership. Legal separation allows couples to maintain joint insurance coverage, while divorce can result in one partner losing coverage.

Marital status and taxes are also different, with couples filing jointly or separately depending on their agreement. Separated couples can make legal and medical decisions, but divorce may result in the separation of these decisions.

Legal separation also outlines debts and liabilities, while divorce outlines which debts belong to each partner and separate finances. Property ownership is often left untouched during legal separation, while divorce typically results in dividing it.

Understanding these key differences is crucial when choosing between legal separation and divorce.

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When to Consider Legal Separation Over Divorce

Legal separation is a legal process where couples separate from their spouses for some time before filing for a no-fault divorce. This separation period can be used to maintain insurance or financial benefits, such as filing taxes together.

Some states require couples to live separately for a period before filing for a divorce. Legal separation can also help couples come to an agreement and prepare for an uncontested divorce, saving time in court.

It is important to consult a divorce lawyer before deciding on legal separation over a divorce.

Legal Separation vs Divorce in Wisconsin

Legal separation and divorce are two distinct legal processes in Wisconsin. Both involve filing paperwork with the court, notice to the other party, and a 120-day waiting period before a judgment can be granted.

The separation process deals with the same issues and follows many of the same steps as divorce. However, the results of Wisconsin divorce differ substantially.

To file for divorce, one must be a resident of Wisconsin for six months, while for a legal separation, the residency requirement is thirty days. Understanding which path is best for your particular circumstances requires an investigation of these subtle differences.

Just as earlier said, legal separation and divorce are two distinct legal actions that occur when a spouse is legally separated from their spouse. In the divorce process, the marriage is ended, while in a legal separation, the parties are still technically married.

Both actions involve dividing assets and debts, which is considered final. Legal separation severs the financial relationship between the parties, preventing them from creating marital property or debt and filing taxes as a married couple.

However, if both parties agree, either party can convert the legal separation into a divorce after one year or sooner. Some reasons for remaining legally married include receiving health or insurance benefits through the other spouse, staying married for tax or citizenship reasons, avoiding religious beliefs that prohibit divorce but not legal separation, and hoping for a chance to reconcile at any time.

When to Consider Legal Separation Over Divorce

A separation can be converted into a divorce by filing a motion with the court one year after the separation was granted. However, neither party needs to tell the court why a divorce is sought, but it is necessary to provide a reason as to why the parties seek to separate.

A divorce judgment means that the marriage is actually over, and there are reasons for wanting a legal separation. For example, if you want to marry someone else, you cannot marry anyone after being granted a Wisconsin divorce judgment.

The chances of reconciliation are slim, so obtaining a divorce might be less stressful.

In situations of complicating factors like alcohol or drug abuse or domestic violence, it is important to consider the effect of the process on your family, whether you want to maintain a relationship with your spouse, and what kind of role you see for your spouse as a parent.

In both cases, it is crucial to fully consider all issues and the effects of either action on your family, both financially and as it concerns your children. Finding an experienced family law attorney is the first step in the process.

Every state in the United States has a specific way of considering legal separation and divorce. If you are in Colorado, check here!

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FAQs

What is the difference between a legal separation and a divorce in Wisconsin?

Legal separation and divorce follow very similar processes. They both financially separate the two spouses, and have orders for custody, placement, and child support. However, while separation leaves the marriage intact, a divorce completely dissolves the legal relationship between the two spouses.

How long does a legal separation take in Wisconsin?

Legal separation does not end a marriage. The court rules on the same issues as divorce. The forms, instructions, procedural information, and waiting period (120 days) for obtaining a legal separation are also the same as those for divorce. Spouses are free to reconcile at any time.

Do I have to support my wife if we are separated?

Unlike in a divorce, spouses who are legally separated are still married. However, they will also have a larger degree of financial independence compared to when the marriage was still intact. However, much like in a divorce, one spouse may be obligated to pay spousal support to the other while living apart.

What is a wife entitled to in a divorce in Wisconsin?

According to Wisconsin’s property division laws, a wife is entitled to half of the marital property. Exceptions are made for a separate property that was given to one spouse or inherited by them.

How many years do you have to be separated to be legally divorced in Colorado?

Once a couple has had legal separation for six months, either party can file for divorce, by which the marriage will be completely dissolved. They are no longer married technically or legally, and both parties are free to remarry.

What is the difference between separation and divorce in Colorado?

A legal separation in Colorado follows the same process as dissolution (commonly called divorce), except that the legal status of the marriage remains. Keeping the married status is desired sometimes for benefits related to taxes, religion, inheritance, or health care reasons.

Does legal separation protect me financially in Colorado?

Just as in a divorce, when the parties are legally separated, they are considered to be no longer financially entangled with each other and are free to make independent financial decisions. This does not mean there may not still be ongoing financial ties, such as alimony or child support.