How is a separation different from a divorce?

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How is a separation different from a divorce?

Most people use the word separation interchangeably with divorce. Legally, however, they mean two different things. Couples who separate remain married pending any further action, while those who divorce are officially no longer married. How the couple's assets and debts are divided during a period of separation varies by state and the type of separation that occurs.A legal separation results when the parties separate and the court rules on the division of property, alimony, child support, custody and visitation rights, but does not grant a divorce. The money awarded for support of the spouse and children under this situation is often called separate maintenance. Assets acquired after legal separation are non marital in the state of Illinois. In order to obtain a legal separation, you must file a different Petition than you would file to obtain a divorce.

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