Legal Marriage Separation

When a married couple begins to consider the possibility of a divorce, they may decide to file for a formal legal marriage separation. This legal formality provides protection for both parties during the divorce discussion process, although it is not a required step in the divorce process. Couples concerned with issues such as child support, child custody, spousal support, the equitable division of marital property or child visitation rights often file a legal separation. Agreements within a legal separation may become part of the final divorce decree in the event that the couple decides to file. Most couples agree on the issues of their separation without the assistance of the family courts, as this is a voluntary proceeding. But, the family courts can become involved in the event that an agreement cannot be amicably reached. If the courts cannot encourage the couple to come to an agreement on the terms of their separation, they may move the couple into divorce proceedings.

Fast Facts

  • Couples filing a legal marriage separation are not required to file for divorce.

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