You may not know about it but there are statistics that show how half of all marriages end up in a divorce or legal separation. Most of the time, many of us are incapable of differentiating the difference between legal separation and divorce. One thing about legal separation and divorce that you have to be aware of is the fact that they are a reference to a situation wherein a couple decides to stop living with each other anymore. However, they also differ from one another. There is a difference between being separated and being divorced. One thing about the legal separation that you have to be aware of is the fact that it pertains to a court order that acknowledges couple who are no longer living together, and that all the issues regarding the marriage have been solved. In addition to that, a legal separation also means that both parties have reached an agreement when it comes to personal conduct, attorney fees, distribution of properties, alimony or spousal support, child support, child visitation, and child custody as well. But then again, in a legal separation, married couples remain married to each other. This means that spouses who are legally separated will not be allowed to marry another person.
On the other hand, we have divorce which is also pertained to as the decree of dissolving marriages. A divorce is a court order; however, its purpose is different from legal separation because here, the marriage between a couple will be dissolved or terminated. What this means that if both parties wish to marry another person, they are free to do right after their divorce since they have returned to their unmarried status. Annulments are different from divorce in such a way that the process is meant to just simply cancel a marriage.
Take note that legal separation is only for those married couples who want to legally separate from each other but still remain committed to their vows as a way to respect the sanctity of the holy matrimony. This is the very reason why this process is often coined as catholic legal separation as it preserves religious marriage. Not only that, there goes the fact as well that many couples prefer legal separation not only for religious reasons, but also, for tax reasons as well. Opposite from divorce, parents who are non-custodial will enjoy some deductions from their income taxes spousal support payments. On the other hand, if you and your spouse come to terms with dissolving your marriage, and have decided to go your separate ways with your new-found love, you may pursue a divorce. Take note that legal separation is not a prerequisite to divorce as you can get divorced without it. These two processes are different from each other, albeit some of their similarities.
Yet, before you proceed on choosing what action is best for you and your spouse, we suggest that you seek guidance and help from professionals who are experts in this field as they can give you advice on what course is right for you to take.