The difference between divorce and legal separation.
In making decision what is better for you, you have to understand a difference between divorce and legal separation
1. After legal separation you will be legally married to your wife/husband, but live separately. After divorce you will be single.
2. The wife cannot restore her former name after legal separation.
3. The timeline for divorce and legal separation could be different.
4. Your finances, properties and debts will be separated after legal separation as well as after divorce
5. You might have a child custody/ visitation, child and spousal ordered by the court after both divorce and legal separation.
It is important to understand a difference between divorce and legal separation vs. divorce and separation.
Some people confused about difference between “separation” and “legal separation”. You do not need a court involvement to separate with your spouse, but you do need to go through legal proceeding to get legal separation. The divorce paperwork for divorce is similar the paperwork for legal separation, but as stated above, the timeline is different.
Although living separately may have some benefits under certain circumstances, living separately from your spouse without a written separation agreement can be risky. You have the liability for your spouse’s debts and responsibility for some legal issue which might arise later. A separation agreement in written form would shield you from such liability if it has written legally proper.