Not sure whether your spouse can handle the "D" word and think Separation would be an easier pill to swallow? Think again.
A legal separation divides up the assets of the marriage, and gives the couple a blueprint of what life will be like living separate and apart. Child support is established, maintenance, and custody matters are all dealt with in this contract between the spouses. The operative word here being "contract" and like any other legal contract if one party breaches, the remedy is a law suit to prove the breach. The parties also remain LEGALLY MARRIED indefinitely, until one or the other sues for Divorce which may or may not be uncontested when the time comes.
Divorce IS NOT automatic and not guaranteed to be uncontested especially if one spouse is unhappy with the terms set forth in the Separation Agreement or if one spouse proves to be spiteful and just wants to prolong the inevitability of a divorce.
In a divorce a judgment is actually issued outling the obligation of the parties alleviating the need to prove fault or a breach of contract. And of course the biggest issue....the parties are no longer married. Think twice about a separation agreement. You could be in more trouble than you bargained.