Trial Separation - they may hope that the marriage can be reconciled, but recognize a need to spend some time apart, and desire a formal arrangement to address such issues as child support and custody, spousal support (alimony) and property in the interim ĭivorce Waiting Periods - they may wish to separate during the period of time their state requires them to wait, prior to the entry of a judgment of divorce Insurance Concerns - they may wish to ensure that one of the spouses has continued coverage through the other spouse's insurance provider Religious Concerns - they may have a religious objection to divorce
The reasons people ask about separation as opposed to divorce include: This can be a very good idea, particularly where the parties want to be sure that insurance coverage will continue for both spouses following separation.īack to top Why People Seek Legal Separation Some people will seek the assistance of a lawyer in drafting a separation agreement. It is possible for a married couple to separate without going to court, on the basis of a mutual understanding or even a written agreement. The exception is that when the final order is entered by the court, the parties remain married.Īlso, most jurisdictions require a waiting or "cooling off" period before a court will issue a divorce judgment, but there is not ordinarily a waiting period before a court may issue an order of "legal separation" or "separate maintenance". Typically, a court will have the power to resolve as part of a "legal separation" any and all issues that would normally be resolved in a divorce. Usually, when people use the term "legal separation", they are referring to a situation where a court has entered an order governing what will happen while the parties are separated, perhaps covering issues such as child custody and support, and spousal support (alimony).
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