Legal Separation

Legal separation is an option that most states offer as an alternative or a precursor to divorce. Several states make a period of legal separation a prerequisite for filing divorce. In either case, issues of child custody, division of assets, and visitation considerations can all be addressed during the separation period. This may be achieved via the family court system with the assistance of legal advisors for each spouse to ensure that both parties can come to agreement. Unlike an informal separation, a legal separation is binding and failure to observe its terms and conditions can result in contempt of court charges. Some couples choose to live separately for many years without finalizing a divorce. This can make it possible for certain benefits (such as military benefits or health insurance) to continue without interruption. Social security and tax filing are other financial considerations that cause some spouses to retain their married status.

Fast Facts

  • 84% of separations lead to divorce within 3 years of filing
  • Women with children are less likely to divorce after separation
  • Women without a high school diploma are less likely to transition from separation to divorce

legal separation - Lawyers, Articles and Q&A

Search Results for "legal separation"

Articles

Results 1-5 of 1123 for "legal separation"

Q&A

Results 1-5 of 178 for "legal separation"

LA-WS5:0.9.17.120208.12696+