You are here: Information Center >> Divorce & Family Law >> Separation >> Legal SeparationLegal SeparationMost states have laws recognizing legal separations. While legal separation is not a divorce, it is obtained through a court action. Unlike a divorce, obtaining a legal separation does not require a waiting period. The parties can fix their rights and obligations to each other immediately via the courts rather than waiting several months. A couple may want to avoid divorce and seek a legal separation because of religious reasons, tax and insurance considerations or in order to continue to receive state or federal benefits. GroundsThe grounds for obtaining a legal separation from the court vary among state laws but typically a legal separation is granted if the court finds that:
Some laws require a finding that continuing their status as married persons protects the parties' financial, legal, social or religious interest. Either the husband or wife may file for a legal separation. EffectA legal separation does not return the parties to an unmarried status. Any rights and obligations that married couples have to each other continue to exist unless they were modified by a decree of legal separation. A legal separation gives the court the power to make decisions concerning children of the marriage. Additionally, if a divorce action is filed, the court that issued the decree of legal separation has jurisdiction over the divorce as well. |