The Distinction Between Divorce and Separation
When one or both spouses choose to live apart with the goal of never living together again, this is known as a separation. After your separation, you might need to talk to your husband about child support, custody, and access. You could also need to resolve property and spousal support issues. These problems can be fixed in a variety of ways.

A separation agreement is negotiable. A separation agreement is a formal contract that both spouses sign and that outlines the terms you have decided upon. For a document to be legally binding in some jurisdictions, independent legal advice is necessary.
Under the applicable provincial or territorial laws, you can petition the court to establish custody, access, support, and property arrangements.
You and your spouse can reach a non-formal agreement. You won't have any legal protection, though, if one side chooses to break the agreement.

How to Dissolve a Marriage Lawfully
A divorce, which is an order signed by a judge in accordance with the Divorce Act, a federal statute, is required in order to officially dissolve your marriage.

How to Divorce a Spouse Who Was Never Lawfully Married
What if our marriage was never formally recognized?
Divorce does not apply to you if you are not lawfully married. To establish custody, access, child support, and other arrangements, you can still work out a separation agreement or apply to the court in accordance with the regulations in your province or territory. When they separate, common-law spouses have less rights than married couples.

Procedures for Divorce
Until a court issues a divorce decree at the conclusion of the proceedings, your marriage is still in effect.
You might want to think about if marriage counselling could benefit you and your spouse before starting the divorce process. If you and your husband want to consider getting back together, you can end the legal divorce procedure at any point after it has begun.