Legal Separation vs. Divorce

The Process 

The process of filing for a divorce or a legal separation is nearly identical. It begins with one spouse filing a complaint for either legal separation or dissolution of marriage. In either case, the complaint states:

·        The date and place of the marriage;

·        The wife’s maiden name;

·        The reason for seeking the divorce or legal separation;

·        That one party has or will have lived in Connecticut for at least 12 months before the divorce or legal separation is finalized;

·        The names and birthdays of the children of the marriage; and

·        Whether either party has received state assistance.

The complaint also states the relief that the party is seeking, including whether that party is asking for a divorce or legal separation.

Once the divorce or legal separation action begins, the parties are expected to exchange financial affidavits and other discovery. In both actions, the spouses will attempt to reach an agreement on all issues related to their case, including property division, alimony, child support, custody and other terms. If the parties cannot agree, the court will decide these issues.

Once legally separated, if the parties have reconciled, either party can ask the court to terminate the legal separation by filing a written declaration of resumption. If the parties have not reconciled, either party may ask the court to convert the legal separation into a divorce. The court must enter financial and custody orders incident to the divorce. For this reason, the court must determine whether the orders entered at the time of the legal separation are still fair and equitable, or whether new orders should be entered. Therefore, the parties are once again expected to exchange financial affidavits and discovery, effectively repeating the process that they went through to first obtain a legal separation.

Which Process is Better?

It is important to choose the process that works best for your family. In some cases, couples in long-term marriages choose a legal separation to continue obtaining the financial benefits of staying married, including benefits such as medical insurance, military benefits or Social Security benefits. Parties also may choose a legal separation for religious reasons. In other cases, if parties are sure they want to end their marriage, they will choose divorce over legal separation. Parties who are on the fence between the two typically choose divorce over legal separation to avoid having to go through the process twice.

At Ferro & Battey, LLC, our family law firm can help you work through a legal separation or divorce. Contact our team and let us help guide you through this change.