It helps to understand the difference between a Legal Seperation and a Divorce.

A divorce is a legal proceeding which terminates the legal relationship between you and your spouse.  As part of the divorce proceedings how assets are divided and decisons on child support, child custody and/or alimony are decided. A divorce ends the marriage.

A legal separation is very similar to a divorce in regards to the proceedings. The court can make judgments regarding issues such as child custody and property division just like a divorce, but when it is all said and done you are still married to your spouse.


Formal legal separations are relatively rare today but some people still pursue them for religious reasons or as a way to stay on their spouse’s health insurance policy. Many people will say they are legally separated when they are actually going through a divorce. What they really mean is that the court has ordered them not to have contact with one another while the action is pending.

We can help you decide whether a legal seperation or a divorce is right for you and your circumstances. Contact us for a free consultation.  John T. Fields & Associates serves Madison, Wisconsin and the surrounding area