What is the difference between legally seperated and legally divorced.Is maintenance in both(divorce and legally seperated) for wife and child?Is alimony in both?What about child custody?Also how much time it takes for whole case in case we apply for either divorce or Legal seperation?
1 Answer from Attorneys
Although the process of legal separation and divorce are nearly the same, they are completely separate actions. A divorce terminates the marriage, whereas a legal separation does not. In both cases, the court enters orders regarding division of property/debts, child-related issues (legal decision making, parenting time and child support), and spousal support. A legal separation is NOT a step on the way toward a divorce - it is a completely separate legal action. When the parties are in full agreements regarding the legal issues, a divorce or legal separation can be completed as soon as about 90 days; however, this can stretch to many months if there are disagreements on the issues, especially if the court's intervention is needed. I recommend you consult with an attorney to address your questions in greater detail.