Serving New Haven and Fairfield Counties

What Is the Difference Between Legal Separation in Shelton CT and Divorce

The process of a couple splitting up can be different from couple to couple depending on many factors and their unique circumstances.  There are also some cases where a couple may want to break their ‘spousal’ ties, but are not necessarily looking to officially divorce.  Legal separation in Shelton Connecticut is a alternative option to divorce.  Knowing what the differences are between legal separation in Shelton Connecticut and divorce is important because, while similar in many ways, legal separation and divorce have some real differences.

With legal separation, many of the same decisions are made as with a divorce, such as alimony, property division,child support and child custody.  The same procedures must be followed as with a divorce, for example the filing of pleadings with a court, proceeding to obtaining a judgment, etc.

The main difference between a divorce and a legal separation is that neither spouse is allowed to remarry.  Remarriage can only happen after a divorce has been obtained.  Another difference between legal separation and divorce is that a spouse can remain on the other spouse’s health insurance plan (versus generally not having that option when divorced).  Another example between the two is that a legal separation can be reversed within certain time frames if a couple decides to reconcile, whereas with divorce the couple would actually have to remarry if they once again wanted to share spousal status.

Often we see requests for legal separation versus divorce filings with parties whose religious practices and cultural mores forbid them from obtaining divorce.

Contact us to discuss whether legal separation or divorce is the best fit for you.

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