Legal Separation Laws

Legal separation laws vary between each individual state. Legal separation involves filing a petition with the respective family law court to set terms for a married couple who has decided to separate. Filing for a legal separation is not required, and most states do not encourage couples to take this step unless there are significant issues related to finance or marital children which need to be addressed. Legal separation agreements cover the same issues as a final divorce decree; child support, child custody, child visitation, spousal support or alimony and the division of marital assets. Since separating is a voluntary action for most couples, they are generally able to agree upon the terms of this agreement without the assistance of a mediator or family courts.

Fast Facts

  • Couples who file for a legal separation are not required to file for divorce.
  • The primary difference between a legal separation and a divorce decree is that upon signing a separation document, the couple remains legally married.

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  • Guiding You Through Divorce and Separation in North Carolina

    This guide may assist in answering questions you may have regarding Divorce and Separation in North Carolina. ...
    • By: Rachael Rogers
    • Site: divorcelawfirms.com
    • 1 of 1 user(s) found this useful
  • Legal Marriage Separation

    Legal marriage separation refers to both husband and wife living apart from one another. Generally, a legal se...
    • Site: divorcelawfirms.com
  • Filing for Legal Separation

    Unlike a divorce, in which only one party must seek an end to the marriage, a court will typically not force a...
    • Site: divorcelawfirms.com
  • Legal Separation vs Divorce

    The general public often uses the terms “divorced” and “separated” interchangeably. However, divorce and legal...
    • Site: divorcelawfirms.com
    • 4 of 6 user(s) found this useful
  • Child Support During Separation

    While divorce or separation may end the marital relationship, it does not end a couple’s relationship as paren...
    • Site: childsupportlawfirms.com

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