How to get a divorce after judicial separation is granted?

Only a few jurisdictions allow a judicial separation also known as a legal separation. In a legal separation, the couple is still legally married but do not live in the same residence. A legal separation ensures that neither party will be charged with abandonment. In a judicial separation, there also may be a division of property as well as child custody and support agreements. Many states do not provide judicial separations. In those states, the concept of "separation" only provides evidence that the parties have lived apart the requisite time needed to allow a divorce decree to be granted.

Although there are no statutory prohibitions to obtaining a divorce after receiving a judicial separation, your separation may affect your divorce settlement. Many legal separation agreements are converted into divorce agreements with the terms already set in place. The courts will assume that both parties have already come to terms on issues of property division and child custody. For this reason, it is always advisable to be careful when drafting a legal separation because it will be hard to go against that assumption.

Consult with an attorney to determine how your legal separation might affect your divorce settlement.