Divorce

Legal separation generally refers to a court order which acknowledges that a couple is no longer living together; the order also resolves all issues regarding the marriage. A legal separation generally means that both parties reached an agreement concerning child custody, child visitation, child support, spousal support or alimony, distribution of property, attorney’s fees, and personal conduct. However, in a legal separation both parties remain married to each other. Indeed, a spouse who is legally separated is not allowed to marry another person.

Divorce, also known as a decree of dissolution of marriage, is also a court order, but it is for the purpose of dissolving or terminating a marriage. Both parties are allowed to marry another person following a divorce, since they have returned to an unmarried status. An annulment differs from a divorce in that it simply cancels a marriage.