Legal Separation A legal separation is a court order ruling that the conditions or circumstances of your marriage make it intolerable for you and your spouse to live together, but the marriage should not be dissolved. A legal separation and a divorce are fundamentally the same, but there are a few extremely important differences. The Difference Between Separation and Divorce The primary difference between a legal separation and a divorce is that your marriage remains intact with a legal separation. Thus, you will remain legally married and unable to re-marry with a legal separation. Another important distinction is that, unlike a divorce, a legal separation is not a final order. In other words, it can be modified, altered or changed by the court at anytime during the separation. Also, if at anytime during legal separation either party believes their differences are irreconcilable, they can still file for divorce. The Similarities Between Separation and Divorce Legal separation and divorce are similar in that they share the same filing requirements and both will require a division of assets, a division of debts, a parenting plan for the children, as well as the payment of child support and alimony. In addition, the grounds upon which a legal separation may be granted are the same grounds as for a divorce: * Incompatibility. * Abandonment for one year. * Adultery. * Impotency. * If the wife gets pregnant by a man other than her husband while she is married. * Extreme cruelty. * Fraudulent contract. * Habitual drunkenness. * Gross neglect of duty. * Imprisonment. * Insanity for a period of five years. One final distinction: spouses seeking a legal separation are not required to meet any residency or waiting period requirements, and the couple may be granted a legal separation on the same day the petition is filed. Summary Ultimately, the main difference between a legal separation and a divorce in Nigeria is the dissolution of the marriage with a divorce. You get all of the benefits (and headaches) of a divorce without dissolving your marriage when you choose to obtain a legal separation. This arrangement allows you and your spouse the time and space to try to resolve your differences; or, if resolution cannot be reached, to decide if a divorce is in the best interest of your family. ]]>