Yes, after a legal separation, a couple generally needs to proceed with divorce if they wish to legally terminate their marriage. Here's a breakdown of the distinctions and processes involved:

Legal Separation vs. Divorce

• Definition:
  • Legal Separation: This is a legal process where a married couple formally separates while remaining legally married. The court may issue orders regarding issues such as child custody, child support, and division of property, but the marriage itself is not dissolved.
  • Divorce: This is the legal dissolution of a marriage, which ends the marital relationship. Following a divorce, the parties are legally single again and can remarry if they choose.
     
• Legal Status:
  • With legal separation, the couple remains married and therefore retains certain legal rights associated with marriage, such as spousal benefits or rights to inheritance.
  • In divorce, all marital rights and responsibilities are terminated, effectively ending the marriage.

Reasons to Get Divorced After Legal Separation:

1. Desire for a Permanent Break: If the couple has decided that they do not want to continue the marriage, divorce is necessary for a complete separation.
2. Remarriage: If either party wishes to remarry, they must obtain a divorce since legal separation does not allow for this.
3. Finality: Divorce provides legal closure to the marital relationship. If the couple has worked through their issues during a legal separation but ultimately decides to separate permanently, divorce is the next step.
4. Legal Protections and Responsibilities: Divorce also resolves financial obligations or responsibilities that may still exist under legal separation.

Procedure for Divorce:

1. Filing for Divorce: Couples typically file for divorce in their jurisdiction, citing grounds for divorce (which can vary by region).
2. Agreements on Key Issues: If the couple has previously reached agreements during the legal separation regarding child custody, support, and property division, they can often use those as a basis for their divorce settlement.
3. Judicial Process: The divorce process may involve court proceedings, particularly if contested issues arise, but in many cases, divorces can be uncontested, leading to a smoother process.

Conclusion
In summary, yes, after legal separation, a couple must proceed with obtaining a divorce if they wish to completely dissolve their marriage. Legal separation provides a framework for living apart while still married, but it does not conclude the marriage. If both parties agree to end their marriage formally, they will need to initiate the divorce process.