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What is the Difference Between Divorce and Legal Separation in CT? │ Heidi Opinsky Law

Legal Separation May Be Undone, Whereas Divorce is the Legal Termination of Your Marriage

When a couple decides to end their relationship, they have several legal options available to them. The two most common avenues undertaken in such cases are legal separation and divorce. When examined through the eye of the law, there is a significant difference between being legally separated and being divorced.

It can be confusing to understand the differences, and this is where a qualified attorney can step in and give you the support you need to get through this difficult period of life.

What is Legal Separation?

It is important to keep in mind that there is a significant difference between a regular separation and a legal separation. If you and your spouse decide to live apart from each other before a divorce, this arrangement is not considered a legal separation. It will only be considered legal if you proceed with the relevant court procedures.

When a couple decides to live separately before a divorce, they get the space and time to decide whether they really want to move forward with a divorce or not. However, instead of just living apart for several years, filing for a legal separation can provide a significant number of benefits. When you apply for legal separation, the greatest benefit you get is minimized conflict. You get the peace of mind of having court-ordered child support payments as well as a court-ordered parenting plan to ensure that the best interest of your children is being considered and followed carefully.

What is Divorce?

If you ae thinking of getting a divorce, you should understand what it means legally. Divorce is the legal termination of your marriage.

According to statistics, the divorce rate in Connecticut is 1.6 for every 1000 people. (1) The good news is that the divorce rate seems to be going down when compared to data from the last two decades. 

However, there are still a significant number of marriages ending in divorce.

Divorce is similar to a legal separation because both situations take the following matters into consideration:

  • Child custody
  • Child support
  • Division of assets

However, the main difference between the two is that if a couple is legally separated, their marriage has not technically ended. This means that they are not allowed to get married again. They must first get divorced before they can move forward with marrying again.

Is Legal Separation or Divorce Better for My Case?

When deciding between getting a legal separation or a divorce, there are several points you should consider. If you are looking for something that can be undone, or for an option that does not permanently terminate your marriage, then separation may be the right option for you. However, if you are looking for a clear-cut decision that will allow you to start your life on a new leaf then divorce may be the better option.

Since any decision you make regarding divorce or legal separation will affect your life significantly, you should make sure you speak with a divorce attorney before making any conclusions.

Get in Touch with a Skilled Divorce Lawyer in CT Today

Ending a relationship, you thought would last forever is never easy. Aside from dealing with the significant changes on an emotional and financial level, you will also have to navigate through the legalities of starting a new life independently.

You don’t have to do everything alone.

Connect with an experienced family lawyer, Heidi Opinsky, at the Law Offices of Heidi Opinsky, LLC, today to get advice and legal assistance with your divorce case.

Visit our website to send us a message or call 203-653-3542 now and we will get back to you as soon as possible


1. https://www.statista.com/statistics/207144/divorce-rate-in-connecticut/#:~:text=In%202020%2C%20there%20were%201.6,thousand%20inhabitants%20in%20the%20state.