      
  306 reviews

Full-Service Law Firm

What Is The Difference Between Divorce And Legal Separation?

Focused, personal representation for Tennessee families and businesses, with offices in Nashville and Memphis.

Last Updated: Aug 10, 2026

Read Time: 3 mins

When a marriage is coming to an end it is often in your best interest to contact a divorce lawyer in Memphis, TN to help you understand everything you are going to need through this process. There are many steps to ending a marriage and in Tennesse, there are three different ways that it can go. You have the traditional divorce, then legal separation, and then annulment. No matter the method that is right for you, having a lawyer can make the process smoother and help you get from point A to point B quicker and with as few hiccups as possible.

If you want to know more about the three options keep reading.

What is the Difference Between Divorce and Legal Separation?

Before you can even go through the process you have to know which separation method is the best for you ad your spouse. Each method has its own special requirements and rules, which means knowing the difference can save you time.

Legal Separation

This is typically not a method that is chosen but it is a valid option. When a marriage is no longer working legal separation means that the couple is able to reach an agreement on the division of assets, child custody and support, alimony, and other important issues, without filing for a divorce.

This is considered a limited divorce. This type of separation allows the couple to have what many considered a much-needed time out from each other. It can allow people to resolve their issues while bringing in the added perspective about what the couple will lose in marriage. This can allow for people to keep their health insurance if is shared, continuing to file as a married couple on tax returns, but allowing each person to have their own financial decisions.

If a person is not a U.S citizen and they get divorced they run the risk of deportation. However, with legal separation, they can stay in the country even if they don’t live with their spouse.

Divorce

Divorce on the other hand is permanent and straightforward. If all the requirements are met the couple will divide assets, resolve child custody and support issues, and any other concerns. The main difference between this and a legal separation is the courts must agree to issue a final decree that permanently and legally separates the couple.

Because Tennesse is both a no-fault and fault-based state when it comes to divorce there are things that must happen to make sure everything falls into place. In an uncontested divorce, it means that all that has to happen is one party cites irreconcilable differences. In a contested divorce there has to be proof of grounds for the divorce to happen. There are several reasons for a contested divorce and it is where a lawyer comes in handy.

Filing for divorce is the last thing anyone wants to do when it comes to marriage. However, if you have found yourself in this position talk to a divorce lawyer in Memphis, TN today to learn what the team here at Patterson Bray can do for you.

Patterson Bray

20+ Years of Experience

24/7 Call Answering

Nashville & Memphis Offices

We're Here to Help

Reach out to Patterson Bray and an attorney will follow up with you soon.

Client Reviews

    
 
 
      Posted on Google  
   
   Nancy Wallace 
 8 days ago
 
 
 Trustindex verifies that the original source of the review is Google. If you are looking to do estate planning, go with Patterson Bray! They are excellent to deal with!
  
 
     Posted on Google  
   
   Cheryl Adkins 
 9 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We loved the staff at Patterson Bray.  Everyone was very professional.  Judith was very thorough and explained everything extremely well.  We would recommend Patterson Bray to anyone.
  
 
     Posted on Google  
   
   Hailey Wade 
 33 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Patterson Bray PLLC did an excellent job with my grandmother's estate planning, and made everything easy to understand! She recommended them to a friend who went and is also very satisfied with their services.
  
 
     Posted on Google  
   
   Deb Clark 
 38 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My experience with this firm, particularly Judith Denham has been truly exceptional.  From the consultation to the finish, the attention to detail, listening and responding to my needs.  My documents were completed timely and professionally.  I highly recommend Patterson Bray.
  
 
     Posted on Google  
   
   Tanya White 
 38 days ago
 
 
 Trustindex verifies that the original source of the review is Google. PattersonBray Estate Planning was an incredible firm to work with setting up our Trust. Judith Denham was thorough, very smart, and personable as she patiently explained each part.  Gabby put together  a very professional beautiful binder for us to have, and has answered questions we have had since  then. I am so glad they were recommended to us, and we had them to walk us through this procedure.
  
 
     Posted on Google  
   
   Charmaine Sego 
 39 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Patterson Bray did a great job with my mother's trust.
  
 
     Posted on Google  
   
   Phil Chamberlain 
 55 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Patterson Bray PLLC - first class lawyers.
  
 
     Posted on Google  
   
   Catherine McGee 
 75 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Heath Taylor was a genuine joy to work with during my divorce: straight forward, professional, and knowledgeable. I do hope I never have the need to acquire more legal help, but if I do, he'll be my first call. Thank you for everything, Heath!!
  
 
     Posted on Google  
   
   Marva Johnson 
 81 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I FOUND PATTERSON BRAY AND JUDITH DENHAM TO BE PROFESSIONAL, VERY THOROUGH, AND PERSONAL. I DID NOT FEEL LIKE A CLIENT, BUT A PERSON. I AM SO IMPRESSED WITH THEM, ESPECIALLY JUDITH AND GABBY. VERY GRATEFUL FOR ASSISTANCE.
M.JOHNSON
  
 
     Posted on Google  
   
   Pam Nicole 
 82 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We set up a trust with Judith, at Patterson Bray and we received excellent service. Everything was explained thoroughly and everyone was very friendly and professional. I would definitely use her and the firm again, if needed.

View All

Federal Rest Rules for Commercial Drivers

Federal rules limit how long a commercial driver can stay behind the wheel without rest. When a crash happens near Brentwood, whether the driver followed those rules is one of...

Read This Blog

Legal Options After the Frayser Shooting

Two men were hospitalized in life-threatening condition after a shooting in the Frayser neighborhood of Memphis on Wednesday afternoon. Police say the suspects fled on foot, and no one has...

Read This Blog

How do I ensure my child’s inheritance is protected from divorce?

Transcript: 00:00:00 There's a few ways that parents typically leave their children their inheritances. I would say most typically parents tend to leave their adult children their inheritance outright....

Read This Blog

What Is The Difference Between Divorce And Legal Separation?

What is the Difference Between Divorce and Legal Separation?

Legal Separation

Divorce

Patterson Bray

Blog & News

Federal Rest Rules for Commercial Drivers

Legal Options After the Frayser Shooting

How do I ensure my child’s inheritance is protected from divorce?