Legal separation is similar to divorce because it involves a court order declaring that all the issues surrounding the marriage have been resolved (legal custody, physical placement, child support, spousal support, and property division).  The one thing a legal separation does not change that a divorce does change is marital status.  Parties who are legally separated are still married and, therefore, are not free to marry.  Parties may choose a legal separation over a divorce for religious reasons, for financial reasons, or because a party may want to remain on the insurance coverage of the other party.  Both parties must agree that they want a legal separation instead of a divorce.  

If the parties are granted a legal separation and they reconcile thereafter, they may ask the court for a revocation of the legal separation judgment.  On the other hand, if the parties are granted a legal separation and thereafter agree they would instead like a divorce, the court shall convert the judgment of legal separation to a judgment of divorce.

Balisle & Roberson, S.C. can help you decide whether a legal separation or divorce is right for you and can help you through whatever process you decide is in your best interest.