Many couples are interested in the differences between a legal separation and a divorce. While filing a legal separation is not required during a divorce proceeding, it is often a popular option for couples concerned about the issues of asset or property division, child custody, child support, spousal support and visitation rights. A legal separation agreement is very similar in process and content to a divorce decree, with the primary difference being that upon execution of a legal separation agreement, the couple still remains married. Couples can discuss and agree upon the terms of a legal separation agreement independently, with the assistance of a mediator or by the judge appointed by the family court.