What is the difference between a legal separation and a divorce?

A legal separation and a divorce are two fundamentally different legal proceedings. A legal separation is a contract between the two spouses that outlines each of their rights and responsibilities. It provides terms that dictate how the couple will interact, including the division of assets, child custody and visitation, and alimony or spousal support, if applicable. Unlike a divorce, a legal separation does not dissolve the marriage. However, it does offer some of the same protections of a divorce. Conversely, a divorce is a court-ordered dissolution of the marriage. It allows the state to legally end the marriage and outlines the terms of the divorce, including the division of assets and debts, child custody and visitation, and alimony or spousal support if applicable. A divorce will also include a document known as a "decree of divorce," which is a court order that states the marriage is terminated and the rights of each spouse are defined. The main difference between a legal separation and a divorce is that a legal separation does not officially end the marriage, while a divorce does. A legal separation can be reversed and the marriage restored, whereas a divorce is considered to be final and cannot be undone. The state of Arkansas requires either a legal separation or a divorce to be finalized before a person can remarry.

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