A legal separation is an arrangement that allows you and your spouse to live separately without getting a divorce. People choose legal separation over divorce for a variety of reasons including religious beliefs, division of debt and health insurance issues.
Legal separation is very similar to divorce in that legal separation severs the marital community assets and debts. Legal separation differs from divorce in that legally separated parties are still legally married; thus, parties who are legally separated cannot remarry until they are officially divorced.
A legal separation is essentially the same as a divorce, in that you and your spouse will separate all of your property and finances. If you have children, child custody (legal decision-making), child support, and parenting time agreements will also be established. However, unlike with a divorce, you will still retain your legal status as a married couple. It is not uncommon for parties to begin a legal separation and then convert the legal separation to a divorce prior to the matter being finalized. Conversion of a legal separation to a divorce prior to finalizing the legal separation is a very simple process. It is also possible to convert a legal separation to a divorce after a legal separation is finalized; however, this process differs slightly from converting a legal separation that has not been finalized.
If you and your spouse are thinking about legal separation, I would love to help you through the process. I have experience with cases of all complexities, and I can help you make sure your separation is fair and equitable. Please click the button below or contact my office today to make an appointment or to learn more about legal separation.
The Law Office of Kristen Kaffer, PLLC