Divorce and Legal Separation in Elizabethtown: What Are the Differences?

Sometimes, issues arise in a marriage that make it difficult or impossible for the spouses to live together. The question then becomes whether those issues have temporarily damaged the marriage or if they have injured it beyond repair. Some couples decide to legally separate to determine the answer. Others already know and immediately move forward with divorce. In Hardin County, Kentucky, understanding the difference between legal separation and divorce helps choose the path to take.

Differences Between Divorce and Legal Separation in Elizabethtown

The primary difference between a divorce and legal separation in Elizabethtown is that in a divorce, the marriage is ended. During a separation, the spouses remain married but adhere to court ordered stipulations meant to protect various elements of the marriage, such as the family’s standard of living. Another difference is once a divorce is final, it cannot be undone and if the ex-spouses choose to reconcile they must get married again. In addition, when the divorce is final, the ex-spouses are free to marry other people. With a legal separation, if the spouses change their minds they can simply move back in together. In short, legal separation is like trying a divorce on to see if it fits before going ahead with one.

After one year legal separations maybe converted to a divorce by motion. This is to give the couple time to determine whether to move forward with a divorce or to reconcile. If the couple moves to divorce the Separation Order is converted to a Divorce Petition.

In both a legal separation and divorce Kentucky law requires that one spouse has been a resident of the state for the previous 180 days and must live in the county where the paperwork is filed. If either spouse has filed a divorce petition with the court, a legal separation cannot be granted.