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What Is The Difference Between Legal Separation and Divorce

If you’re at the point in your marriage that you’re considering taking some time off from your spouse in a separation, you may be wondering “What is the difference between legal separation and divorce?”

First, a caveat: this article should in no way be considered legal advice. You will need to speak to a divorce/family lawyer in person in order to receive accurate, up-to-date information and help regarding divorce laws for Virginia residents.


What You Need to Know to About a Legal Separation

Basically, in Virginia, if you’re separated, you’re “legally separated.” There are no such things as “legal separation” forms or papers in this state.

The main difference between separation and divorce is that you’re still legally married to your spouse. “Separating” doesn’t end your marriage; only divorce can do that. In fact, many couples that separate do so with the hope of staying married.

Bottom line? Divorce and separation are complicated. If you’re asking, “What is the difference between legal separation and divorce?” because you’re contemplating separating and/or divorce, we truly urge you to speak with an attorney before doing anything.

Contact Irving & Irving Today

If you’re wondering how to get a legal separation in Manassas, Fairfax, Arlington, Reston, or Virginia, contact the law firm of Irving & Irving. Call us at (703) 468-1885 or e-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it and we’ll be happy to answer any questions you may have.

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