Many people think that the procedure for a legal separation is shorter and cheaper than the procedure for a divorce. That is not the case.
The procedure and cost for a legal separation are very similar to a divorce. The main difference is that in a legal separation, the parties remain as husband and wife and cannot remarry, whereas in a divorce the parties are no longer husband and wife and can remarry.
Once an order for a legal separation has been entered, the parties can later convert the legal separation to a divorce by filing a motion with the court which includes a statement that the parties have not resumed marital relations. A hearing is held to determine if the legal separation can be converted to a divorce. If the Judge determines that the parties have resumed marital relations, then the legal separation cannot be converted to a divorce.
If, after an order of legal separation has been entered a couple would like to reconcile, they can file a declaration of resumption of marital relations with the court and the order of legal separation will be vacated.
Because the procedure and cost for a legal separation are similar to a divorce, many couples choose divorce.
