What are the situations that are right for selecting between divorce and separation?

A pre-divorce legal separation takes just as long to negotiate as a divorce, and is just as complex and expensive. Yet, legal separation may be a good idea where each spouse is positive that they will never want to re-marry or reconicle with their spouse, but there are external demands that make a divorce impossible or disadvantageous. For example, a legal separation is advantageous in situations where one spouse’s health insurance provider would cut off the coverage of an ill ex-spouse within a certain period after a divorce became final.  Further, there could be religious bases for a legal separation over a divorce.

Additionally, in some jurisdictions a legal separation filing can smooth the path to a divorce.  A spouse could prevent accusations that s/he abandoned the marriage – or the marital residence – by moving out prior to the divorce being final. In a few jurisdictions, a legal separation is a prerequisite for filing a petition for divorce.  And, in some states the separated parties are legally allowed to date during the period of separation without risk of adultery charges being raised during the divorce; in others, this is not the case.

You would need to petition the family court for an order of legal separation, and you must execute a binding, court-approved agreement covering permanent division of the marital property, child custody and visitation, child support and, if appropriate, alimony payments.  You should consult with an experienced family law attorney to discuss your jurisdiction’s laws and procedures for legal separations. If needed, your attorney can also help you find third party counselors or mediators who can facilitate your attempts to save your marriage.