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When it comes to ending a marriage, there are various options to consider. Two common choices are divorce and legal separation, and it's important to understand the differences between the two before making a decision. Consulting an attorney can be helpful in navigating the legal process and making an informed decision. This guide explores the differences and provides some helpful advice. 

What Is Legal Separation? 

A legal separation is a court order that determines the rights and responsibilities of each spouse while they are living apart. It addresses issues such as property division, child custody, and support, but the couple remains legally married. This means that neither spouse can remarry until they obtain a divorce. Legal separation is often a good option for couples who want to separate but are not ready for a divorce or have religious or financial reasons to remain married. 

Comparing Divorce & Legal Separation 

The main difference between divorce and legal separation is that divorce ends the marriage, while legal separation does not. In a divorce, both parties are free to remarry, and they no longer have legal ties to each other. In a legal separation, the couple remains married and cannot remarry unless they obtain a divorce. 

Another difference is that legal separation does not require the same residency requirements as a divorce. This means that a couple can file for legal separation in a state where they do not reside, while divorce usually requires residency in the state where the divorce is filed. 

One similarity is that both address issues such as property division, child custody, and support. In both cases, the court will determine how these issues will be resolved. Another similarity is that both can be emotionally and financially challenging. It's important to consult an attorney to ensure that your rights are protected and that you understand the legal process. 

How to Decide Between the Two

The decision between divorce and legal separation depends on your circumstances. If you are not ready for a divorce or have religious or financial reasons to remain married, legal separation may be the best option. If you are ready to end your marriage and move on, divorce may be the best option. Consulting with an attorney can help you understand the legal process and make an informed decision. 


If you're considering a divorce, turn to Baker Law Firm L.L.C. in Osceola, MO. These attorneys have extensive experience in family law and can guide you through the process. They prioritize making themselves available to their clients and responding promptly. To book a consultation, contact them at (417) 646-8125 or visit their website to learn more about their services. 

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