Divorce Law Center - Legal Separaation


U.S. Divorce Law Center - Legal Separation





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Legal Separation

A legal separation and a physical separation are not the same thing. In a physical separation, although the couple lives separately, there is no formal legal agreement.

A legal separation allows a husband and wife to live separately and formalize the arrangement by a court order or a written agreement. The arrangement addresses spousal support, and child custody, visitation and support, when relevant.

It is not equivalent to a divorce or dissolution and recognizes the possibility that the couple may reunite. It does not terminate a marriage, and so, does not allow the parties to remarry.

It is not necessary to be legally separated before obtaining a divorce. Although, most states have provisions for legally separated couples to commute their separation agreement to a divorce action, should they decide to do so.

Not all states recognize legal separations.

Legal Separation Laws by State

Laws governing Legal Separation vary from state to state and some states do not recognize it. The following links provide general overviews of individual states' legal separation laws, where applicable.

Individual State Legal Separation Law

Legal Separation Law Articles

  • 10 Questions to Ask your Divorce Lawyer in Georgia: Part 2
    A divorce is a delicate matter that should be handled by both experienced and helpful divorce lawyer. Ask the right questions to find the attorney that best fits your needs!
  • 10 Questions to Ask your Divorce Lawyer in Georgia - Part 1
    It important to have a list of questions to ask when you're deciding which divorce lawyer is right for you. Ask about their previous experience, rate per hour, and so forth. This will help you as you move forward.
  • Q&A to Signing a Prenuptial Agreement in Georgia
    Signing a prenuptial agreement in Georgia is a major decision. Always make an informed decision whether or not you decide to sign an agreement.
  • Explaining the Differences between Family & Supreme Court in NY State
    For couples seeking a divorce or families dealing with a family law issue, the difference between Family Court and Supreme Court in New York State may not always seem clear. Cases often involve both of these courts, and they share jurisdiction, or authority, over multiple domestic issues. Yet there are important differences between each of these courts.
  • Grounds for Divorce- Insupportability of the Marriage
    Many people wonder what can be the basis or grounds for a divorce in Texas. The Texas Divorce Lawyer is providing a series of articles on the 7 sins of the marriage, or in other words, the 7 grounds for divorce in Texas. The Texas Family code actually codifies and outlines the 7 grounds for divorce in Texas. There are 3 no-fault grounds for divorce and 4 fault based grounds.
  • What Protective Orders Can and Cannot Do in Maryland
    Protective orders might help you feel a little more safe and secure, but ultimately any protective order is a legal document. If you are in danger, removing yourself from the situation and seeking protection, may be the best bet.
  • Can A Parent Coordinator Alleviate Conflict After The Divorce?
    A divorce is never easy, but there are ways that the distress of going through a divorce and the accompanying child custody hearings can be minimized.
  • Your Options for an Out of State Divorce
    Florida is an attractive option for people seeking an out of state divorce because they have no requirement for legal separation and is quite predictable for divorce outcomes. Even so, there are still limitations in the jurisdiction of Florida when it comes to entering all or part of a divorce for marriages, which happened outside its borders. Some of these limitations include:
  • Property Separation - Ukraine
    The main law of Ukraine which settles the property rights and duties of spouses is the Family Code of Ukraine, effective as of 1 January, 2004. The law stipulates the following to be "personal private property" of spouses:
  • Pre-Nuptial Agreement in the Philippines
    Future spouses have the freedom to enter into an agreement with each other as to how their properties will be governed, and just like any other contracts, the stipulations thereto should not be void or contrary to law, morals or public policy. Pre-Nuptial contract is an agreement between future husband and wife insofar as the property relations that will govern their properties during the existence of their marriage.

Legal Separation and Family Law Attorneys