What is The Difference Between a Legal Separation and Divorce?

Unlike divorce, a legal separation does not put an end to the marriage. During a legal separation, you have a court order that outlines the rights and responsibilities of each spouse while they are living apart. You remain legally married while choosing to live separate lives. Issues that can be addressed in a separation agreement are division of assets and debts, child custody and child support, visitation schedules and spousal support.

The same issues addressed during the divorce process are also addressed in a legal separation agreement. A legal separation can protect your interests until the decision is made to file for divorce. The separation agreement also sets a precedence for the divorce that may follow. If you divorce after a separation and your case goes to court, a judge is likely to assume...read more about legal separation