Legal Separation2020-05-05T14:54:32-07:00


Legal Separation

Legal separation involves many of the same issues as divorce, so it should be approached the same way and with the same care. The first step should always be to take advantage of a free consultation with one of our experienced family law attorneys. We have handled all types of separation matters, from simple and uncontested to celebrity and high net worth.

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Legal separation is commonly misunderstood to mean spouses simply live apart, but it is actually a formal legal proceeding almost identical to divorce.

Legal separation begins with a petition and follows the same procedure as a divorce. It terminates the marital community, divides community property, and resolves other issues like child custody or spousal maintenance, when applicable. The critical difference between legal separation and divorce is that couples who legally separate remain legally married when the case concludes.

Couples who choose to legally separate usually do so for its unique advantages over divorce. Separation may allow individuals to retain certain spousal benefits such as health insurance, military benefits, social security benefits, or other perquisites only available to married couples. Other couples may choose to legally separate because their religious beliefs discourage or prohibit divorce.

A legal separation may be obtained collaboratively, if both spouses agree to everything, or it may be contested and require litigation. However, if one spouse files for legal separation and the other prefers divorce, the petition will be converted and parties will proceed toward divorce.

We try to maintain resources containing the latest information to help anyone researching legal separation or representing themselves in family court.

If you have questions about legal separation or any other family law issue, contact us for a free consultation with an experienced attorney.


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