A Legal Separation is a separate legal proceeding; it is not part of the Divorce proceeding. If the parties obtain a legal separation, the Court issues a Decree which states that the parties are legally separated and has provisions in the Decree relative to the rights and obligations of the husband and the wife while they remain legally separated. The main difference between a legal separation and a divorce is that couples remain legally married even after Decree of Legal Separation has been issued. Legal separations are rarely done (some reasons for pursuing a legal separation rather than a divorce may be for religious reasons or for a couple who may want to remain married but may want to separate their financial obligations). A legal separation is different than a couple just physically separating or living in separate households. As the term implies, the parties remain married and therefore, cannot remarry another person. Read legal separation statute: link

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By Farhan Hassan

August 23, 2010

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