A legal separation is similar to an actual divorce in many ways. If the couple agrees to the legal separation, they must enter into a separation agreement where the couple divides assets, makes agreements about custody of
children, visitation, and/or financial support. This agreement is legally binding, however, the couple will remain married in the eyes of the law.
The grounds for a legal separation are identical as they are for a divorce. Typically, a couple will file under irreconcilable differences. However, if one party wishes to file for legal separation as opposed to divorce, and the other party doesn’t agree, the filing party can file a complaint in the court, similar to a divorce. This complaint is similar to a complaint for divorce; the difference is what the party is requesting, legal separation instead of divorce.
If the separation lasts for two years, either spouse may request a divorce and the court may grant an absolute divorce. The requesting party must file a petition including the separation agreement, and then testify that there has not been a reconciliation.
There are some significant advantages to a legal separation. First, the parties remained married. This means that a spouse may stay on the insurance of the insured spouse, and both spouses maintain the legal relationship in the event of death or disability of the other spouse. Aside from these legal benefits, the parties may decide the reconcile their marriage and they are not restricted from cohabitation as they would be if they filed a complaint for divorce. Also, if the couples decide to remain married, they can do so without having to remarry.
If you are seeking a consultation to determine what is best for your situation, contact the Law Office of Lords and Cate, LLC to discuss your case.