When a marriage faces serious problems, couples in Minnesota have two main legal options: legal separation and divorce. Although both involve living apart, they have key differences.
What is legal separation?
Legal separation is a court process. It addresses the rights and responsibilities of a married couple who live apart. Minnesota law states that a court determines these rights and responsibilities. A decree of legal separation does not end the marriage. The couple remains legally married, but they live separate lives.
What is divorce?
Divorce, also known as dissolution of marriage, is also a court process. However, it completely ends the marriage. Minnesota law says that a court grants a divorce when the marriage has broken down beyond repair. After a divorce, the two people are no longer married.
Key differences
The main difference is the marriage status. In a legal separation, the couple is still legally married. In a divorce, the marriage ends. This difference affects many things. For example, a person who is legally separated cannot remarry. A divorced person can remarry.
Both legal separation and divorce can address similar issues. These issues include property division, which is how the couple divides their assets; child custody, which determines who makes decisions for the children and where the children live; child support, which is how parents share the costs of raising their children; and spousal maintenance, which is whether one spouse provides financial support to the other.
Which option is right?
The choice between legal separation and divorce depends on the couple’s situation. Some couples choose legal separation for religious reasons. Other couples may hope to reconcile in the future. Divorce is often chosen when the couple believes the marriage cannot be saved.
Minnesota law provides both legal separation and divorce as options for couples facing marital difficulties. Legal separation maintains the marriage while addressing key issues; divorce dissolves the marriage entirely.