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
- I’m Getting Divorced, What Do I Do with the Credit Cards?A common question that is received is what happens to credit card debt when you get a divorce.
- Divorcing a Spouse with a Mental IllnessMental health issues are widespread nowadays and have been discovered to be a leading cause of divorce.
- How Do Divorce and Annulment Affect the Immigration ProcessDivorce or annulment of marriage can cause some complications with the status of a green card holder. If an immigrant has obtained a permanent residency via marriage to a U.S. citizen or a permanent resident, it could lead to revocation of the permanent residency and/or even removal from the country altogether.
- When Can Alimony Be Modified?There are three types of alimony changes that can occur, depending on the situation: Change in the amount of alimony paid; An extension in the duration of time alimony will be paid; Termination of the alimony payments.
- Visitation Options When A Child Will Not AbideOne of the most difficult issues that can arise during a divorce is deciding on a child custody agreement and having your children abide by it. Divorce is a confusing time for children and full of changes they do not necessarily understand.
- Cyber Harassment Can Now Be Considered an Act of Domestic ViolenceThe New Jersey Legislature recently added Cyber Harassment to the list of crimes that can be considered an act of domestic violence under the Prevention of Domestic Violence Act.
- Hague Convention’s Impact on Child Custody CasesThe Hague Abduction Convention has been included with various countries as a treaty about child custody and abduction to include the United States. This Convention is to ensure the protection of children from international abduction with a parent through prompt returns to the habitual residence of the child.
- What Happens when New Jersey DYFS Comes to Your HouseGetting a call from the Division of Youth and Family Services can be scary and confusing.
- How To Appeal a New Jersey DYFS FindingFollowing and investigation by the DYFS (Division of Youth and Family Services), they will issue a ruling of substantiated, established, not established, or unfounded.
- New Jersey Child Born out of Wedlock and a Father’s RightsChildren born out of wedlock are, without a doubt, taken care of by their mother unless the mother names their father or the father himself files a petition in the court for the same.
- 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.