Attorney O's Midnight Musings: Connecticut Law » CT law

Legal Separation Versus Divorce

Irene C. Olszewski, Esq. — Tue, 27 Oct 2009 03:19:36 +0000

There is a lot of confusion as to the difference between obtaining a legal separation and a divorce in Connecticut. Some people believe that merely choosing to live apart constitutes a legal separation. It does not. Others believe that the parties must file for legal separation if they are seeking to divorce. That is false.

Legal separation is an action filed in court whereby the court may be asked to enter orders for issues such as custody, child support, alimony and the division of property, just as it would in a divorce. However, when a judgment of legal separation has been entered, the marriage is NOT dissolved. In other words, the parties are free to live separate and apart from one another – but they may not remarry another person because they are not divorced. Either party may petition the court to convert the legal separation into a divorce without having to revisit the orders entered at the time of the legal separation. Further, a legal separation can also be undone by both parties filing a declaration of resumption of marital relations in court. In other words, if the parties choose to reunite, they are not required to re-marry each other.

In a divorce, courts may enter orders for the same issues as they would in a legal separation. Once a judgment is entered, the parties are free to live separate and apart from each other permanently — and either party is legally free to marry another person. A divorce decree is final. This means that if the parties wish to reunite, the divorce action cannot be undone, as with a legal separation. If the parties wish to re-enter their legal relationship, they must legally re-marry.

I’ve Arrived!

Irene C. Olszewski, Esq. — Wed, 24 Jun 2009 00:19:54 +0000

Hello and welcome to the debut of Attorney O’s Midnight Musings. At the behest of several of my friends and colleagues, I decided to venture into the world of blogging. They all figured that because I don’t sleep at night, I might as well make productive use of my time. Personally, I think it’s because they’ve grown tired of my 3 a.m. e-mails.

The intent here is to discuss legal issues as they pertain to Connecticut law, the state in which I currently practice. I should mention that I probably won’t be able to resist posting about legal issues from other states (even if it’s only to complain). Sometimes the news is just too irresistible to ignore.

I’m reasonably sure that I’ll also post about things that have absolutely nothing to do with law (meaning that I’ll vent or rant or rave once in a while and hope you’ll indulge me). Perhaps I’ll throw in an aside or two for good measure, just to see who happens to be paying attention. Actually, I’m likely to post about whatever happens to interest me at any given moment.

While I’d love to post every day, the reality of life and a law practice means that I will likely not meet that goal. So please forgive me in advance if I fall silent for a few days (especially during summer vacation). I haven’t fallen off the planet, I’ve probably just fallen asleep.

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Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog. Read my entire disclaimer.