Many states allow married couples to file for a legal separation as an alternative to divorce. Some couples are opposed to divorce on religious or moral grounds, while others are looking for a practical way to allow the spouse to retain insurance or tax benefits.
Definition
A legal separation is when a court has issued an order or decree allowing you to live apart from your spouse without being divorced. In most states, leaving your spouse physically without involving a court does not count as a legal separation.
The Law in Your State
Make sure that you understand the laws in your specific state before starting the legal separation process pro se (without a lawyer). State laws differ on issues such as residency requirements, grounds and procedure. State laws can usually be found online on court websites, at the local library or at a law library.
Issues
In most states that allow legal separations, the same issues that can be settled in a divorce can be settled in a legal separation, such as custody of minor children, child support, property division and debt allocation. Before preparing the required documents, determine what you are asking the court to do with regard to each issue. If you have extensive assets, feel that custody will be a battle or have any other complicated issues, you should consider hiring an attorney to represent you.
Procedure
File a petition for legal separation with the court and serve your spouse with the petition. You will also need to attend a final hearing where you can present the court with an agreement, if you have one, or hear the judge's decision about the terms of your separation. Many states have self-help websites that provide forms for you to use when preparing the petition for legal separation.
Effect
The effect of a legal separation is much the same as a divorce. The main difference is that you will still be married and therefore unable to remarry.
Definition
A legal separation is when a court has issued an order or decree allowing you to live apart from your spouse without being divorced. In most states, leaving your spouse physically without involving a court does not count as a legal separation.
The Law in Your State
Make sure that you understand the laws in your specific state before starting the legal separation process pro se (without a lawyer). State laws differ on issues such as residency requirements, grounds and procedure. State laws can usually be found online on court websites, at the local library or at a law library.
Issues
In most states that allow legal separations, the same issues that can be settled in a divorce can be settled in a legal separation, such as custody of minor children, child support, property division and debt allocation. Before preparing the required documents, determine what you are asking the court to do with regard to each issue. If you have extensive assets, feel that custody will be a battle or have any other complicated issues, you should consider hiring an attorney to represent you.
Procedure
File a petition for legal separation with the court and serve your spouse with the petition. You will also need to attend a final hearing where you can present the court with an agreement, if you have one, or hear the judge's decision about the terms of your separation. Many states have self-help websites that provide forms for you to use when preparing the petition for legal separation.
Effect
The effect of a legal separation is much the same as a divorce. The main difference is that you will still be married and therefore unable to remarry.
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