A divorce and legal separation are completely different things, but do you need to be legally separated before you get a divorce? Technically no you do not have to file any papers to separate - but it does protect your interests in the time before a divorce. Many people may remain separated and never seek out a divorce, while others use this time as a cooling off period and possible reconciliation.

A legal separation does not put an end to the divorce, but it can protect you in financial matters if your partner is known for excessive spending. You will not incur any more debt from your partner after separation papers are filed. During this time getting advice from a lawyer to decide what direction to take is beneficial. Any medical and financial benefits will continue during this time that will cease after the divorce.

The spouses must come to an agreement that is drawn up in a separation agreement usually by an attorney. Child support and custody issues can also be agreed on as well as spousal support and the beginning of separating assets.

Doing your research on how your state handles legal separation is important, as not all states recognize it. If the partners are able to agree on all aspects of their divorce decree during the time they are separated, the divorce will go more smoothly. You do not need to formally separate in order to get divorced, but it can be a good idea if you wish to protect your interests.

If a couple decides to reconcile they need not do anything else, the courts will just dismiss the case - which is why it can be a good idea to separate for a time before proceeding with the divorce. There are several types of separation such as trial, permanent and even living apart; legal separation is the only one where you file former papers.