What Does Legal Separation Mean?
Legal separation, unlike divorce, is a formal court order that allows a married couple to live apart while remaining legally married. It's a crucial legal process that addresses many of the same issues as divorce, such as child custody, child support, spousal support (alimony), and division of marital assets, but without legally dissolving the marriage itself. This means that certain rights and responsibilities remain intact, even though the couple is living separately.
Think of it as a temporary pause button on the marriage, rather than a complete termination. This pause allows couples to work through issues, potentially reconcile, or simply separate their lives more formally before considering a final divorce. It's often chosen as a stepping stone towards divorce or as a long-term solution for couples who want to remain legally married for religious, financial, or other reasons.
What are the grounds for legal separation?
The grounds for legal separation vary by state, but generally, they are similar to those for divorce. Common grounds include:
- Irreconcilable differences: This often means the couple has irreconcilable disagreements and cannot live together harmoniously. This is frequently the most common ground used.
- Adultery: Proof of infidelity may be required, depending on the state's laws.
- Cruelty: This generally refers to physical or emotional abuse, but the definition varies by jurisdiction and requires evidence.
- Abandonment: One spouse leaving the marital home without the other's consent for a specified period.
- Substance abuse: Habitual substance abuse that negatively impacts the marriage.
It's important to consult with an attorney in your state to understand the specific grounds for legal separation in your jurisdiction.
How is legal separation different from divorce?
The key difference lies in the finality of the outcome. A legal separation allows a couple to live apart, but the marriage remains legally valid. A divorce, on the other hand, formally ends the marriage, freeing both parties to remarry. While a legal separation addresses many aspects of a dissolving marriage, it doesn't grant the same complete freedom as a divorce.
Can I remarry while legally separated?
No, you cannot remarry while legally separated. Legal separation maintains the legal bonds of marriage. You must obtain a divorce to legally dissolve the marriage and be free to remarry.
What are the common issues addressed in legal separation agreements?
Legal separation agreements, much like divorce decrees, often address the following:
- Child custody: Physical and legal custody arrangements for children.
- Child support: Financial obligations for the support of children.
- Spousal support (alimony): Financial support provided by one spouse to the other.
- Division of marital property: How assets and debts accumulated during the marriage will be divided.
- Visitation schedules: Specific times and arrangements for each parent to spend time with children.
What happens after a legal separation?
After a legal separation is granted, the couple remains legally married, but live separately under the terms outlined in the separation agreement or court order. They may choose to remain legally separated indefinitely or use it as a pathway to a future divorce. If they decide to reconcile, they typically must petition the court to vacate (cancel) the separation order.
Is legal separation right for me?
The decision of whether to pursue legal separation is a very personal one. It's crucial to consult with a qualified family law attorney to explore the implications of legal separation in your specific circumstances. Factors to consider include the desire to maintain the marriage for religious or financial reasons, the desire to work through marital problems, the need for formal legal structure during separation, and the possibility of reconciliation.
This information is for general knowledge and should not be considered legal advice. Consult with a legal professional for advice specific to your situation.
