
All marriages experience ups and downs, but if you’ve reached a point where you’re seriously considering ending your relationship, it may be time to explore your legal remedies. Two different options in the state of Connecticut are divorce and legal separation. While they may seem similar, they both carry very different legal implications. A divorce permanently dissolves the marriage, legally ending the union between both parties. In contrast, a legal separation allows spouses to live apart while still remaining legally married. Each marriage is different, and the best legal choice for your situation depends on your family’s specific circumstances. Taking the time to reflect on your situation can help you determine the most appropriate path forward for you and your family. Speaking with an Connecticut family law attorney can provide the clarity and guidance you need to make an informed decision.
Continue reading to learn more about the key differences between legal separation and divorce—and which option may be right for you and your family.
The Difference Between a Legal Separation and Divorce in Connecticut
Both legal separation and divorce in Connecticut begin the same way: with one spouse filing a petition in family court. Both legal separation and divorce cases will have to address many of the same issues, including division of marital assets and debts, child custody and child support, and spousal support (alimony) before a court will grant the final order.
In Connecticut, divorce and legal separation cases are subject to a 90-day waiting period that begins on the date the initial petition is filed. This period gives the parties an opportunity to negotiate and reach a settlement on the terms of their split. If an agreement is reached during this time, it will be submitted to the court for approval. However, if no consensus is made between the parties, the case will proceed to court and a family court judge will resolve the outstanding issues. Once the court approves the couple’s agreement or makes its own rulings, the court will finally issue a decree of legal separation or divorce, making the terms legally binding.
The primary distinction between legal separation and divorce lies in the parties’ marital status at the end of the process. In a legal separation, the couple remains legally married, even though they live separately and have formal agreements in place regarding property, finances, and custody. In contrast, a divorce legally ends the marriage, allowing both individuals to remarry if they choose.
It is always preferable for both parties to work together, along with their attorney’s, to resolve their issues without going to trial. Reaching a mutual agreement through negotiation or mediation allows couples to retain more control over important decisions rather than leaving those matters in the hands of an unknown third-party judge. Resolving disputes outside of court not only saves time and legal expenses, but also helps reduce conflict and stress. As such, it is crucial to have Connecticut family law attorney working with you along each step of the process, in order to help you receive the best possible and fair outcome for your case.

After Separation- What Comes Next?
Under Connecticut law, legally separated couples have the option to either stay a “separated” or reconcile or move forward with divorce. If both spouses decide to end the separation, they can submit a signed witnessed declaration to the court, which will officially end the separation and dismiss the case. Alternatively, either party may petition the court to convert the legal separation into a divorce case, allowing the matter to proceed through family court.
Contact Merino Family Law for Guidance on Legal Separation or Divorce in Connecticut
If you are considering legal separation or divorce in Connecticut, then you must carefully reflect which legal path is best for you. At the Merino Family Law, we know how emotionally and financially challenging family law matters can be. We will approach your case with both objectivity and compassion, helping you determine the legal option that is most appropriate for you and your family at the moment. Reach out to our office today to schedule a consultation.