Separation

A legal separation is where a married couple can actually live apart with the same rights as a divorced couple without actually receiving a divorce. A separation must be legally formalized; otherwise you could still be considered married and anything that may happen can be brought up in court, if you decide to continue with a divorce. Make sure you file a legal separation within the court system. With a legal separation, one can still request the issuance of child support. With a legal separation, neither party is allowed to get remarried. A legal separation allows a couple to split, just like with a divorce and still be able to comply with their religious beliefs, allow time apart that can lead to a reconciliation and/or time for counseling. Realize that a legal separation does not end your marriage. Contact an attorney that specializes in matrimonial law to aid you with your separation.

Fast Facts

  • You can file for a legal separation yourself, without the help of an attorney. You can end a legal separation, unlike a divorce.
  • In a legal separation you can make decisions about custody, child support.
  • Some states require that a couple has a legal separation prior to issuing them a divorce.

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