1. What is the difference between a legal separation and a divorce?
The legal process is the same. While in the absence of adultery, parties must both (a) separate; and (b) remain physically separated on an uninterrupted bases for at least 12 months before either party may legally seek a divorce from the Court, a legal separation can be achieved by agreement of the parties, does not involve a “waiting period” and does not necessarily involve a Court. Divorces cannot be final for at least 6 months, while a legal separation can be final almost immediately. The largest difference between the two is that if you proceed with divorce you are no longer married. A legal separation only separates the two parties – they remain married.