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The main difference between a Legal Separation and a Divorce is that when the proceeding is over, you will still be married to your spouse. A Legal Separation is a court proceeding but it does not dissolve your marriage. Only a divorce ends your marriage and gives you the freedom to remarry.
The parties are still married and cannot remarry. A spouse may petition for a legal separation usually on the same basis as for a divorce, and include requests for child custody, alimony, child support and division of property.
The process for a legal separation in the District of Columbia (D.C.) begins when one spouse files a motion (request) with the court. In your application, you must include the date of your marriage and separation, and a statement indicating that at least one spouse has lived in the state for a minimum of six months.
To govern a legally separated couple's arrangement, they must obtain a Separation Agreement and file it with the court. If couples can come together to agree on the terms of their legal separation, they can create their own Separation Agreement.
Separation can allow you to tackle various aspects of the divorce process, such as establishing a child custody arrangement and dividing marital property, more calmly. Without court fees and timelines hovering over their heads, spouses may find navigating these legal disputes significantly easier during separation.