Legal Separation

A legal separation is an alternative to a divorce. The main difference between a legal separation and a divorce is that at the end of a legal separation case the parties are still legally married to each other. A legal separation case is otherwise identical to a divorce case. Parties may seek divide property, obtain child custody and support orders, and spousal support. Click here for more information regarding issues dissolution proceedings that are relevant in a legal separation proceeding.

The commonly used terms “legal separation” and “date of separation” are frequently confused with each other. However, they have very different legal meanings in the Family Courts.

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Legal separations are traditionally sought by parties as a way to continue a health insurance policy for a dependent spouse or for parties who’s religious beliefs do not allow for a divorce but the parties desire to split financially from each other.

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