Legal separation and divorce are two incredibly different procedures when it comes to putting an end to your marriage. Though they may seem similar, they are marked by a few strict distinctions. Depending on the specifics of your particular case, either process may be the right one for you.
Perhaps the most significant difference between legal separation and divorce is, divorce finalizes the end of the marriage while legal separation still allows you to remain married under the eyes of the law. The courts will not take into account any behavior following a legal separation in their decision-making, such as starting a new relationship, etc.
Another important distinction between the two is the way in which assets are divided. Legal separation under Rhode Island state law dictates that only three items can be decided upon by the courts: child issues such as custody and support, alimony, and “temporary concerns.” These concerns can range from any number of issues.
However, the courts will not make any determinations upon finances or the division of assets. People seeking legal separation are often looking for an extension of time during which they can either decide to reconcile or permanently separate. This is why the courts will not make any permanent decisions regarding finances as there still a chance of future reconciliation.
Contact Our Rhode Island Divorce Lawyers Today
At TJC • ESQ, we strive to do our very best on behalf of our clients. Our years of insight and success will be your greatest ally throughout any legal obstacles you may face. When you enlist the help of our reliable and dedicated Rhode Island divorce attorneys, you can rest assured that you are in capable and concerned hands fighting to protect you.