Separation

A legal separation is defined as “a legal process by which a married couple may formalise a de facto separation whilst remaining legally married.  A couple may obtain a legal separation, as an alternative to divorce, based on moral or religious objections to divorce”.   In other words, the couple may separate to live apart from one another. Some issues which may be addressed in a separation agreement include marital property division, child custody and support, visitation rights and schedules, spousal support, and alimony.  A legal separation is not a divorce, and as such a couple with a legal separation agreement are in fact still married.  It is important to at least consult a divorce lawyer during this phase to ensure paperwork is correct and that if any changes are to be made, it can be done seamlessly and quickly.