LEGAL SEPARATION
A Better Option Than Divorce?

Though in the eyes of the law a couple is still considered to be married, legal separation works to more clearly define the roles and responsibilities of each spouse. Since these decisions are documented and approved by a judge by way of a court order, they are legally enforceable.

Living apart from your spouse may seem as though divorce, rather than separation, is the most logical step to take. However, in some circumstances, becoming legally separated may be more beneficial to couples.

Most Common Reasons for Legal Separation

• Not sure about divorce - a "trial divorce"
• Possibility of reconciliation
• Religious beliefs prohibiting divorce
• To maintain health or other insurance
• Tax considerations
• To maintain social security benefits
• A period to "work out problems" or "change"

The issues to discuss with your attorney before completing an agreement are vast and include things like child custody, division of assets and assignment of financial responsibilities. Though the situation may be amiable at first, it's important to protect your own interests.

Once both you and your spouse have spoken with attorneys, it's time to come to the table together. You, your spouse and the attorneys will meet with your proposed agreements and make changes or revisions until a mutually agreeable settlement has been created. Then, one (or both) of the lawyers will file an application with the court so that a judge can sign the agreement and make it legally binding.

Though for all practical purposes, a couple with a legal separation agreement live separate lives, it's important to keep in mind that legally they are not single. Legally separated couples are free to do as they wish in terms of dating, but when it comes to considering remarriage, it will be necessary to move forward with divorce.

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"Legal Separation" VS "Separation"

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).

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. The exception is that when the final order is entered by the court, the parties remain married.

Additionally, 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".

It is possible for a married couple to separate without going to court, on the basis of a mutual understanding or even without a written agreement.