Legal Separation

Legal Separation is More Than Living Apart

Legal separation is sometimes called "Separate Maintenance" or "Divorce a Mensa et Thoro." Being legally separated is more official than a married couple deciding to simply live apart from each other. In most states, it involves papers being filed with the court system.

Separation Does Not Always Lead to Divorce

When a couple decides to become legally separated, it does not mean that they can't get out of being separated if they decide to remain married. In some countries, legal separation is sometimes required in order for divorce proceedings to occur. In the United States, only some states have specific rules on whether or not a couple must be legally separated before they may divorce.

If a couple is separated and papers have been filed with the court system, the couple always has the opportunity to remain married and withdraw the separation. It is not a difficult process to throw out a legal separation.

Separation Agreements Can Be Used During a Divorce

While it's important and sometimes even necessary to file for legal separation prior to getting divorced, the terms of the separation must be thoroughly considered prior to filing the paperwork with the court system.

A legal separation can protect the two individuals from actions that each one takes after the separation occurs. For example, if a couple is legally separated and one incurs thousands of dollars of debt after the separation takes place, legal separation papers may stipulate that the other person will not be held responsible for paying for half of the loan. Legal separation papers may also help determine who may win custody of any minor children.

How to File for Legal Separation

Anyone who is ready to file for a legal separation must first determine whether or not the papers will be filed with or without the help of an attorney. If an attorney is not needed, information on how to file for separation may be found on the state's court website where the couple resides. If an attorney will be hired, he or she will help with all of the steps that must be taken.

For the most part, filing for a legal separation consists of paperwork. But, every item must be filled out properly and with much thought.

Divorce Waiting Period

If a couple is certain that a divorce is desired, divorce proceedings can sometimes begin immediately. However, in many states and countries around the world, there is a need to file for legal separation before the court system will grant a divorce.

Some of the reasons for this include:

• There is hope that the couple will reconsider and decide to not get a divorce.
• The couple has a specific amount of time during the separation to begin working on custody issues.
• One spouse must determine how to obtain health insurance that may be lost when the divorce occurs.
• Due to religious reasons, a divorce is not an option.

Trial Separation

Many couples who are experiencing marital problems think that they would like to get a divorce. But, before they take such a big step, they decide to become separated. If a legal separation is too drastic, a trial separation may be attempted first.

A trial separation has no rules to follow. It can be handled any way in which the couple sees fit. It may be as simple as one spouse moving out of the couple's home for a few weeks. A trial separation is very informal and can be reversed at any time if the couple decides that a divorce is not wanted or needed. Unlike a legal separation, it involves no lawyers, no paperwork, no division of property, no custody issues, and no court system.

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