Legal Separation

What is the difference between Legal Separation and Dissolution/Divorce?

The main difference between Legal Separation and Dissolution/Divorce is that the parties remain legally married in a legal separation.  The parties would take part in a legal action, similar to a Dissolution proceeding; in that they would live in separate residences, all assets and debts would be divided, the court could award child/spousal support, and each party would be financially independent.  ALL of these proceedings are LEGAL and BINDING contracts, just as in a Dissolution proceeding.

What is Legal Separation?

Legal Separation is where a court has entered an order governing what will happen while the parties are separated, perhaps covering issues such as child custody and support, and spousal support (alimony).  Typically, the court will have the power to resolve as part a “legal separation” any and all issues that would normally be resolved in a divorce proceeding. The exception is that when the final order is entered by the court, the parties remain married.

Is it possible to obtain a Legal Separation without going to court?

It is possible for a married couple to separate without going to court, on the basis of a mutual understanding or even a written agreement.  It is advisable that one would seek the assistance of a lawyer in drafting a separation agreement, since once you sign a contract of division of property it is a legal and binding document that will affect any and all issues covered.

Why would someone choose Legal Separation instead of Divorce?

There are many reasons one would chose Legal Separation instead of Divorce, such as; trial separation, religious concerns, divorce waiting periods, tax purposes, social security and pension benefits as well as insurance concerns.  Recently many insurance companies have included Legal Separation as a reason for termination of benefits.