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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.
Ing to the DC Code §16-904, a couple may opt for a legal separation if the two partners are willingly living apart or living under the same roof but aren't cohabiting. The law only demands that both parties pursue separate lives and don't share the same bed.
DC Code §16-904 states that a couple may seek a legal separation if both parties are willingly and voluntarily living apart ? or living together without cohabitation. A Washington DC separation agreements attorney may provide more information on these principles.
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 begins with the filing of a petition by one spouse. The petition must state the reasons for the separation, including any violent or abusive behavior on the part of the other spouse. If the court agrees that a judicial is necessary, it will order the couple to begin the separation process.