Legal Definition of a Marriage Separation
A legal separation of marriage is defined as the agreement obtained by a court in deciding how to split the marriage, but not grant a divorce. The couple usually agrees to live separately, but that is not always required. It's best to meet with an attorney to fully understand what needs to be done and to decide if separating is the appropriate action.
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Significance
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Like a divorce, a legal separation divides property obtained during the marriage. It also establishes the rights of each spouse and may involve the responsibility of one spouse providing financial support to the other during the separation.
Considerations
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Some states require a couple separate for a specific amount of time before a court will consider granting a divorce. If divorce is the goal, both people must live on their own during the separation period.
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Misconceptions
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A legal separation is not a divorce and does not mean a divorce must follow. A legal separation does not end the marriage. It only specifies the obligations of each spouse in light of their wishes to try living separately. The couple may even decide to live in the same residence while they are separated.
Potential
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If there is domestic abuse, seek advice from an attorney immediately. The court needs to be made aware of any such circumstances involving the marriage.
Warning
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If you eventually decide to divorce, the arrangements made in the separation may also be applied during divorce proceedings. When filing for a legal separation, make sure you understand everything before any documents are signed.
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