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separation

Legal Separation

Legal separation is a legal process that treats a couple as divorced for all purposes, except that they remain a married couple. This process can allow a married couple to live apart without dissolving their marriage. It may be less drastic than divorce for some couples. It may also be an option for spouses who are not sure if they want to get divorced, or who need to separate their finances without getting a divorce.

There are many reasons why couples choose legal separation. Some common reasons include:

  • Religious beliefs. Some religions do not allow for divorce, so legal separation may be the only option for couples who want to end their marriage but remain within their faith.
  • Financial reasons.  Spouses who may need to separate from each other financially may decide to enter into a legal separation and remain married.
  • Couples with children may choose legal separation in order to avoid the emotional disruption of a divorce, if the family places particular importance on marital status among other aspects of the relationship which are usually severed in a legal separation. 
  • Some couples are not sure if they want to get divorced, so they choose legal separation as a way to take some time apart and see how they feel.

 

Legal separation is a legal process, so it is important to consult with an attorney to discuss your specific situation. The attorney can help you file the necessary paperwork and can advise you on the legal rights and responsibilities of each spouse during the separation.

Here are some of the things that are typically addressed in a legal separation agreement, order, or judgment:

  • Spousal support. This is money that one spouse pays to the other spouse to help support their living expenses.
  • Child custody and visitation. This is the arrangement for how the couple’s children will live and spend time with each parent.
  • Property division. This is the process of dividing the couple’s assets and debts.
  • Responsibility for payment of debts
  • Insurance coverage
  • Responsibility for taxes

 

Legal separation can be a difficult time for both spouses, but for some, it can be a time of opportunity. Especially in situations of abuse in traditions that do not allow for divorce, it may be a time to start thinking about your future and to make plans for how you will move forward. An attorney can help make the process of legal separation as smooth and as painless as possible; however, it is advisable to seek counseling from a clinician or spiritual advisor as well. 

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