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Divorce - Making the Decision
Separation

Separation


Legal separation (sometimes "separate maintenance") is a possible step towards divorce. A couple is officially legally separated only if they have successfully petitioned a court to recognize their separation; simply living apart does not constitute separation for these purposes, though it is a form of separation and is often a psychological necessity during divorce proceedings.  The primary reason for a legal separation is the rights and duties that accompany it.  For example, one spouse, usually the wife, receives financial support during the separation.  The agreement can also specify issues of custody and visitation.

Legal separation does not necessarily lead to divorce. The couple may reconcile, in which case they need do nothing in order to remain married. If, however, they do not reconcile and wish to divorce after the statutory time period, they must explicitly file for divorce.

A period of legal separation may serve as sufficient grounds for divorce. Some states require a period of separation before divorce, though the length of this varies.


If you think you might have a Divorce case, Contact our Divorce Lawyers Immediately for Help.


Divorce Resource Center

  • Making the Decision
    Weighing the possible impact of divorce and exploring alternatives to divorce.
  • Understanding the Process
     The family court process, key decisions to resolve, alternative dispute resolution, and more.
  • Property Issues
    Division of property and assets, and the impact on spefics like the family home, pensions, and insurance policies.

     

  • Parenting After Divorce
    Tips for divorcing parents in relation to their children and children's reactions to divorce. 
  • Spousal Support - Alimony
    Types of spousal support, eligibility, and calculating the amount of support.
  • Laws
    Divorce and child custody laws in all 50 states.
  • International Divorce Law
    An overview of the laws concerning international divorce.






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    November 22, 2008
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