There are a couple notable differences between the two, though procedurally, the
process of obtaining each is almost identical. Most notably, couples who get a legal
separation, rather than a divorce, are not divorced! Still, through the legal separation
process, assets and debts will be divided, and an order regarding ongoing finances will
be made. If the couple has children, there will also be orders made about custody,
placement, and child support. So, in a lot of ways a legal separation functions similarly
to a divorce, but since couples are not technically divorced, they still receive some of
the benefits of a married couple. For example, legally separated couples can stay on
the same health insurance plan, which can be a financial benefit for many couples that
is not available after a divorce.
Once a legal separation is granted, any one party can request it be converted
into a divorce after one year, and the Court will do so. Or, at any time after the legal
separation, the parties can agree to turn it into a divorce, and the Court will do so. Point
being, if you get a legal separation, you do not have to go through the process again to
be divorced.
Finally, if you are legally separated, and later decide that you want to reconcile
with your spouse, you can notify the Court of your mutual decision, and return to being a
married couple, without having to remarry. If some of these differences are appealing to
you, you may want to pursue a legal separation rather than a divorce.