Legal separation is a court-ordered process by which a married couple is allowed to live apart while remaining legally married. A legal separation does not end a marriage. Typically, couples who are legally separated will live in separate residences, although they may remain in the same house if they have young children and can agree on a living arrangement that is in the best interest of the children.

Couples who are legally separated may also choose to file for divorce at a later date. In some cases, couples who are legally separated may reconcile and choose to live together again as a married couple.

Reasons for Legal Separation

There are many reasons why couples may choose to seek a legal separation instead of a divorce. In some cases, couples may want to remain married for religious reasons. Other couples may want to stay married for financial reasons, such as maintaining health insurance coverage or qualifying for certain tax benefits. Still other couples may simply need time apart to decide if they want to continue their marriage or get divorced.

Legal Process of Separation

The legal process of separating from your spouse will vary depending on the laws of your state. In some states, such as California, you must file a petition for legal separation with the court and serve your spouse with the petition. Once your spouse has been served, he or she will have an opportunity to respond to the petition. After both you and your spouse have had an opportunity to present your respective positions to the court, the court will make a determination as to whether you should be granted a legal separation.

If you and your spouse cannot agree on the terms of your legal separation, the court will make decisions regarding issues such as child custody, child support, spousal support, and division of property. It is important to note that, in some states, such as California, courts presume that property acquired during the course of a marriage should be divided equally between spouses in the event of a divorce or legal separation. This is not always the case in other states, so it is important to consult with an attorney in your state to determine how property would be divided in the event of a divorce or legal separation.

If you are considering separating from your spouse, it is important to consult with an attorney in your state to determine what steps you need to take in order to obtain a legal separation. Once you have obtained a separation agreement from your spouse, you will still be married but you will be able to live separately and make decisions regarding child custody, child support, spousal support, and division of property without having to involve your spouse.

If you are considering separating from your spouse, it is important to consult with an attorney in your state to determine what steps you need to take in order to obtain a legal separation. Once you have obtained a legal separation from your spouse, you will still be married but you will be able to live separately and make decisions regarding child custody, child support, spousal support, and division of property without having to involve your spouse.

In some states, a couple may be able to file for what is known as a no-fault divorce. This type of divorce does not require either party to prove that the other party did anything wrong; instead, it simply allows the couple to state that they no longer wish to be married.