Legal Separation

In a legal separation, a couple lives apart but remains legally married. They file a petition with the courts just as they would in a divorce, and a judge enters a court order detailing how issues like asset and debt division, child custody, and child support will work during the separation. But, unlike a divorce, a legal separation is reversible.

Legal separation is often the preferred route when a couple needs to take a break, have some time apart, and put some legal distance between one another. This allows each spouse the time and space to explore life as a single person and to determine if divorce is the next best step. Other reasons you might seek separation include strong personal or religious beliefs about divorce or a need to remain on a spouse's health insurance policy.

Divorce

A simple divorce dissolves a marriage and brings it to a legal end. After it is finalized by the courts, each spouse is now a single person and free to remarry. You file a petition with the courts, and a judge issues an order defining the financial, legal, and child custody aspects of the split. If you legally separated before a divorce, you may include some or all of the terms of the separation agreement in the divorce settlement.

Divorce is the best choice if you and your spouse are certain the marriage is over. It permanently ends the union and gives both of you a fresh start.