Whats the difference between legal separation and divorce?

Its really no different except you cannot get remarried. This was a concept developed by the catholic church-who lobbied state legislatures.

Only a very small percentage of family law cases seek legal separation. In my experience it has been about 1% of the total f divorces + legal separations. They are very similar, in that in the Separation petition the Petitioner must state that 'the marital relation is broken,' whereas in a divorce petition you write that 'the marriage is irretrievably broken.' Of the separations I have done, all of them have turned into regular divorces. The most frequent reason for seeking a legal separation is that one of the spouses needs medical insurance. When he or she finds a job which offers that benefit, they turn the separation into a divorce. But in most respects (division of property and debt, support, child custody and placement, etc. the orders and judgments are much the same.

A divorce returns the spouses to the status of single persons; a legal separation does not. In a legal separation, the parties can divide property and debt and request support similar to a divorce but they remain married persons. If a separation is done and the parties later want a divorce they need to file a new Petition and pay a new court fee.

There is very little difference in reality, in one situation you remain actually and legally married, and the other you are divorced and the marriage is ended. I would consult with an attorney regarding your various options and what you're seeking to accomplish.

A legal separation separates and ends the community. But your still married. I only recommend doing it when there is a health insurance issue. I tell people it's a quick layover to divorce town. 9 times out of 10 it's best to just file the divorce. Call our office for a free consultation 702 816 5200.