Legal separation refers to the process by which a married couple can declare that they are no longer living together as a married couple and want such separation to be recognized by law.

The main issue with legal separation is that is constantly confused with a divorce.

Legal separation and divorce, though they may seem similar because of the inherent separation of the couple, are not one and the same.

The key difference is that legal separation, though certain arrangements are made similar to a divorce, the couple will legally still remain married. A divorce is the dissolution of the marriage under a decree of law.

Legal separation is oftentimes referred to as a trial separation because the couple will still remain married even though are separated.

It is common for a legal separation to ultimately end in a divorce and is usually the first step during the divorce process. However, a legal separation does not necessarily mean that a divorce is to follow.

There are other reasons as to why a married couple may seek a legal separation, but not necessarily divorce.

A common example may be the case where a couple decides to separate and no longer live together as a couple, though certain benefits, particularly health benefits, may suffer as a result of a divorce.

A legal separation will allow for the married couple to simply no longer live together, but no lose out on such benefits.

A legal separation, though not necessary, is usually advice given to couples no longer wanting to remain married as a way to have legal protection for both parties.

Simplified divorces are often utilized for couples that have not been married for an extended period of time, and are without children.

In a simplified divorce, couples place no blame on either spouse for the divorce; in other words, simplified divorces are no-fault divorces. Generally, a simplified divorce is quick, efficient, and very inexpensive.

In order to take part in a simplified divorce, couples must agree to a manner in which to distribute marital assets, as well as which spouse is responsible for any debts incurred during the marriage.

Spouses must both want to divorce and agree that there is no way to save the marriage. In addition, spouses may be required to be present at the courthouse to file for a simplified divorce together.

Generally, couples that take part in this type of divorce, have little or no assets to fight over because they have not been married for an extended period of time.

In fact, couples will find that they have little difficulty in retaining any individual property that they brought into the marriage.

Often, couples taking part in a simplified divorce are able to handle the process by themselves. There are many websites that offer documentation for simplified divorces.

However, any spouse that feels that his/her rights are in jeopardy should hire legal representation to ensure that they are not being taken advantage of.

In the absence of doubt, couples can take the time to make lists of all assets, either joint or individual. In addition, couples should realistically assess all debt and distribute it appropriately.

Once the couple has made all assessments, they can work together to come to an agreement on a mutually beneficial distribution. Often, couples divide all marital assets equally.

In fact, spousal support is often handled as a separate issue; simplified divorces are generally only utilized for marriages that were short in duration, and the amount of shared property may be extremely limited.

It is not likely that spousal support will even be considered because of the length of the marriage.

The couples should also consult all state and local laws to be sure that their agreement falls within the confines of the law.

While most states do indeed allow simplified divorces, laws will differ from state to state.

Couples that take part in a simplified divorce, will often find the process to be much less stressful than divorces that involve litigation.

In fact, a simplified divorce is likely to produce an agreement that both spouses find acceptable.

Simplified divorces are generally granted quite quickly, helping couples to avoid a prolonged process, which often results in confrontation and unhappiness.