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

A legal separation and a divorce are two different types of legal proceedings. A legal separation is a court order issued by a judge that ends the legal relationship between a married couple, but does not completely terminate the relationship. It allows spouses to live separately while still being legally married. A legal separation may provide for various matters such as child custody and support, division of marital assets, division of marital debts, and spousal support. A divorce, on the other hand, is a court action that completely ends the marriage. The court will issue a decree that terminates the relationship between the spouses and will determine the same matters as a legal separation, such as child custody and support, division of marital assets, division of marital debts, and spousal support. Both the legal separation and divorce can be contested, however, when a divorce is granted, the couple is no longer legally married. In Indiana, a legal separation or divorce must be filed in the county where either spouse lives. A court will grant a legal separation if the spouses can agree on the terms of their divorce. However, if a couple cannot agree, the court will grant a divorce and the division of marital assets and debts, as well as child custody and support, will be determined by the court.

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

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