If I Am Going Through a Divorce, Am I Legally Separated?

No. Frequently, divorcing clients think once they file for a dissolution of marriage they are legally separated. This is not true. The parties to a divorce action are husband and wife, and legally married, until the date the judgment for dissolution of marriage is entered.
Being legally separated is different from being separated. Couples who are legally separated must file for a legal separation with the court, just like a couple seeking a divorce. They must go through a very similar process that results in a division of property and, if there are children involved, the entry of a custody judgment.
The critical difference between a legal separation and a divorce is that when you are legally separated you are still married. Therefore, you cannot marry someone else!
There are a few reasons someone may opt for a legal separation rather than a divorce. For some, religion is a motivating factor. For others, there may be estate planning advantages. Counsel may advise a legal separation as a precursor to a divorce for significant tax savings, for example. A legal separation can be converted into a divorce at anytime.
Legal separations are far less common than divorces. “Being separated” rather than “legally separated” is the norm. Financially and personally, divorcing parties are advised not to muddle the distinction.

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