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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