A legal separation and a divorce are not the same thing. When a couple considers ending a marriage, it’s important to consider both options before making a decision.  

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Colloquially, when a couple separates, it means that they no longer live together. From a legal perspective, a marriage separation takes place when spouses formally request the Court to make a final determination on all aspects of the marriage, without ending the marriage itself. The Court can make decisions regarding issues including the division of property, assets and debts, spousal support, child support, visitation, custody and more. The important difference between a separation and a divorce is that with a separation, the marriage is still legally intact. The spouses are still technically married, and are not able to remarry.  

divorce refers to when there is a formal request to the Court to make a final determination regarding all aspects of the marriage, including the dissolution of the marriage (i.e., the ultimate decision to ending your marriage in its entirety). All property, debts, assets and other aspects of the marriage will be addressed in a final divorce decree and both spouses will be free to remarry.

If you know which course of action you'd like to take, you can use Rocket Lawyer to create all the necessary legal documents quickly and easily online. You can also Find a Lawyerto help you with all your legal needs and decisions.

Get started Start Your Marriage Separation Agreement Answer a few questions. We'll take care of the rest.