Separation Law falls under family law and overlaps with divorce law. It deals with the procedures, rules and laws the parties to a marriage must follow when they no longer wish to live together as a married couple, but do not wish to seek a divorce or dissolution of the marriage at that time.
These laws vary by jurisdiction and not all states recognize legal separation. Those that do, allow the parties to the marriage to enter into legal agreements which address issues such as property division; assignment of assets, finances and debts; alimony or spousal support; child custody and child support. These agreements are recognized by a judicial body and are enforceable by law.
Grounds for obtaining a legal separation are often the same or very similar to those needed in that state to obtain a divorce. Some states refer to their form of legal separation as a limited divorce, and others as divorce from bed and board. In many instances, if the couple later seeks dissolution of marriage, the written agreement established for their legal separation may be converted or commuted to a divorce settlement.
In states that do not recognize legal separations, the methods of handling these issues may vary greatly. Some states still allow the spouses to enter into a written agreement addressing some or all of these issues, whereas others only allow this provision while a divorce between the spouses is pending. It is important to familiarize oneself with his/her state’s specific laws on this issue before proceeding. Currently, the following nine states do not recognize legal separations: Texas, Florida, Pennsylvania, Georgia, Louisiana, Iowa, Mississippi, Idaho and Delaware.
For more information about individual separation laws, procedures and related topics for U.S. states, please visit our U.S. Divorce Law Center.
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Articles on HG.org Related to Separation Law
- Are Frequent Incarcerations a Basis for Annulment?Like a divorce, an annulment dissolves a marriage. However, there are many differences between divorce and annulment, including the grounds for each. Additionally, the legal effect is different.
- What is a Rehabilitative Divorce?A rehabilitative divorce is one in which rehabilitative alimony is paid to one spouse. This type of alimony can help a spouse regain his or her footing after a divorce if the parties have disparate incomes. This financial support may be ordered even in cases in which other types of alimony may not be awarded.
- Do I Have to Pay Child Support for a Child that Is Not Mine?When a marriage ends, it is expected for the father or mother to pay child support to the parent that earns less income and is taking care of any children from the marriage or that were acquiring in the relationship. However, there are certain instances where the father or mother is not forced to pay these fees based on the surrounding factors.
- Evaluation of Spousal Support Under Current Law in IllinoisIllinois lawmakers passed a modified version of spousal maintenance law in 2015. Many cases under the previous law are coming up for maintenance reviews or modifications as they take into consideration the new law, when applicable. Important information to understand the new law includes:
- DNA Showed I Am Not the Father – Can I Get Child Support Payments Reimbursed?As unfair as it may seem, there are many times when a person is not the child’s father but is still held responsible for child support, even when he or she has a valid DNA test that clearly shows this. If a father is considered to be the legal father, he may still be held responsible for child support and not due any reimbursement for child support payments.
- Tax Ramifications for Separated SpousesWhen spouses have legally separated, it is important to ensure that the taxes are filed appropriately for each individual or as a couple if one party is dependent on the other. The ramifications of filing with the wrong data or supplying the Internal Revenue Service with incorrect information could lead to penalties, additional fees and possibly criminal charges.
- Biological Parents Unfit – Can I Win Guardianship of My GrandkidsWhen the biological parents are unfit to take care of their own children, it may be time for the grandparents to step in and acquire guardianship for a more loving and nurturing house. However, in order for this to occur, the grandparents must understand how to proceed and what is required of them in these situations.
- Using Deemed Income and Imputed Income to Determine Child Support in TexasThe Texas Family Code provides for the ability of a family law court to consider deemed income as part of the calculation of a parent’s net resources that can be used to pay the financial obligation of child support. More deemed income may result in a deviation of the child support guidelines if the paying parent has sufficient resources to pay additional child support.
- How Child Support Is Calculated in TexasIn Texas, both parents are expected to contribute financially to the children they bring into the world. One parent may be ordered to pay child support to the other parent while the child is a minor. Determining the appropriate amount of child support is often complicated. Generally, child support is determined by the court by using careful calculations and using this information in conjunction with child support guidelines.
- Can I Get Alimony in My New Jersey Divorce?When spouses are going through divorce in New Jersey, they may wonder whether they may be able to receive alimony. Alimony is not awarded in every case. The party wanting alimony must specifically request it. The court can then consider if it is appropriate to award alimony in the specific case.
- All Family Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Family Law including: adoption, alimony, child support and custody, child visitation, collaborative law, divorce, domestic violence, elder law, juvenile crime, juvenile law, juvenile probation, paternity, pre-nuptial agreement, separation.
Separation Law - US
- Divorce and Separation - Overview
A divorce formally dissolves a legal marriage. While married couples do not possess a constitutional or legal right to divorce, states permit divorces because to do so best serves public policy. To ensure that a particular divorce serves public policy interests, some states require a "cooling-off period," which prescribes a time period after legal separation that spouses must bear before they can initiate divorce proceedings.
- Grounds for Legal Separation
Knowing the grounds for legal separation will help you prepare your case so you can quickly get the paperwork completed and start the process towards divorce. While not all of the following reasons for legal separation are valid in all states, it will help you start thinking about your defense.
- Legal Separation - Definition
a court-decreed right to live apart, with the rights and obligations of divorced persons, but without divorce. The parties are still married and cannot remarry.
- Separation Agreements
FAQs (Frequently Asked Questions) about separation agreements. If you are getting a divorce you will most likley find yourself signing a Separation or Marital Settlement Agreement (MSA). It is very important that you understand exactly what you are agreeing to before signing your agreement.
- Understanding Legal Separation
A legal separation is a written agreement that is filed with the court which addresses the rights and responsibilities of a married couple while they are living apart. Issues that can be addressed in a separation agreement include division of assets and debts, child custody and support, visitation schedules, alimony, etc.
Organizations Related to Separation Law
- American Academy of Matrimonial Lawyers
The American Academy of Matrimonial Lawyers was founded in 1962, by highly regarded domestic relations attorneys “To provide leadership that promotes the highest degree of professionalism and excellence in the practice of family law.” There are currently more than 1600 Fellows in 50 states. The Academy Fellows are highly skilled negotiators and litigators who represent individuals in all facets of family law. These areas include divorce, annulment, prenuptial agreements, postnuptial agreements, marital settlement agreements, child custody and visitation, business valuations, property valuations and division, alimony, child support and other family law issues.
- Association of Family and Conciliation Courts
AFCC is the Association of Family and Conciliation Courts - an interdisciplinary and international association of professionals dedicated to the resolution of family conflict.
- International Association of Marriage and Family Counselors (IAMFC).
IAMFC is an organization that promotes excellence in the practice of couples and family counseling by creating and disseminating first-class publications and media products, providing a forum for exploration of family-related issues, involving a diverse group of dedicated professionals in our activities, and emphasizing collaborative efforts.
Publications Related to Separation Law
- Filing for Legal Marriage Separation - Tips
Now that you’ve decided to legally separate from your spouse you need to take the first step and file for a legal separation. Before doing anything make sure you fully understand that a legal separation is a binding, legal contract that is just as important as a divorce.