How to File for Legal Separation

Even though divorce may seem inevitable in some marriages that simply don't work out, it's not the only choice. 

Separation from a spouse's legal rights and responsibilities is an alternative to divorce for couples who are hesitant to end their marriage.

The decision to live apart as a married couple can be motivated by various factors. Some people consider legal separation a stopgap while they sort out their feelings and decide whether or not they want to divorce. Some people avoid divorce at all costs by opting for legal separation instead.

 

Understanding Legal Separation

The line between divorce and legal separation blurs for many. By law, a divorce dissolves the marriage entirely. Separation by law is an alternative to divorce. 

Property division, child custody, and spousal support arrangements are all the same in a divorce or legal separation. However, the couple is still considered married for all intents and purposes after legal separation.

 

When to File for a Legal Separation

You can file a case if you are in a marriage and want to end it legally. With the help of your family lawyer, you can file for legal separation while also addressing issues like child custody, visitation, and support.

 

Why Do Couples File for Legal Separation

Depending on their situation, spouses may seek legal separation for various reasons. Some people go through it to start a new life apart from an unhappy marriage. It is done by others who wish to avoid a contentious divorce in which one spouse challenges the other's allocation of marital property. Many married couples have healthy professional and financial ties but prefer to have no emotional ties at all.

In most cases, marital discord can be traced back to the partners' divergent life aims. If a married couple continues to ignore their problems, staying together can harm their relationship and, by extension, their children.

 

Contracts for the Division of Property Upon Divorce

Several issues need to be resolved before a legal separation can be finalized, one of which is the terms of the separation itself. You must establish a parenting plan, custody arrangement, and/or visitation schedule if you have children together. This agreement will be reached with the assistance of your attorneys and then filed with the court.

Separating assets is a stressful part of any divorce. A married couple is treated as a single entity by community property laws. Therefore, all property acquired during the marriage or partnership is considered shared property. Similarly, all individual debts are regarded as community debts.

During a divorce or legal separation, it may be necessary to divide the following types of property:

  • Residences and other property

  • Transportable objects such as cars, boats, and airplanes

  • Furniture

  • Exquisite works of art and vintage relics

  • Money and savings

  • Mortgages and other forms of credit

  • Investing in pensions and retirement accounts

  • Pension plans like 401(k)s

  • Insuring oneself with specific companies

  • Investing, including stocks and portfolios

  • Businesses

In most cases, property acquired through gifts or inheritance is not shared equally between the couple. Additionally, if a couple has a prenuptial agreement designating certain assets as separate or individual, those assets will not be subject to division in the event of a legal separation. Property owned individually before marriage or registered domestic partnership does not have to be divided. 

 

Rewards of Getting Legal Separation

To get a divorce is to make a final decision. Some couples, after realizing they simply can't work as a couple anymore, aren't quite ready to commit to a divorce. They may feel that legally separating will give them the time and space to make an informed decision about divorce.

Another common motivation for filing for divorce is the desire to protect a spouse's health insurance coverage. It may be extremely costly or impossible for an individual to obtain health insurance independently. By remaining legally wed, the insured person can continue to receive health coverage through their partner.

People may choose legal separation instead of divorce for religious or social reasons. Without formally divorcing each other, a couple can live apart with a legal separation.

Conclusion

In conclusion, filing for legal separation can be a practical alternative for couples not ready to take the definitive step toward divorce. It allows individuals to address and resolve marital issues such as property division, child custody, and spousal support while maintaining their marital status. This option not only accommodates those who need time to reassess their relationship but also supports individuals whose religious or social beliefs discourage divorce.

Whether used as a temporary measure or a long-term solution, legal separation provides a structured framework for couples to redefine their relationships without severing legal ties. To navigate this complex process with ease and confidence, consider leveraging the online legal resources offered by LegalFix.

FAQs

What is legal separation?

Legal separation is a court-approved arrangement that allows married couples to live apart while remaining legally married, addressing issues like asset division, child custody, and spousal support.

How does legal separation differ from divorce?

Unlike divorce, which legally ends a marriage, legal separation allows couples to live apart without terminating their marital status, which can be beneficial for financial, social, or religious reasons.

What are the requirements to file for legal separation?

The requirements for filing for legal separation typically include residency in the state where you are filing, completing specific forms, and sometimes a period of physical separation, depending on state laws.

Can decisions made during legal separation be modified?

Yes, agreements made during legal separation regarding child support, custody, and spousal support can generally be modified through court petitions, similar to those during a divorce.

Is legal separation right for me if I am considering divorce?

Legal separation can be a valuable step if you are unsure about divorce, allowing you to arrange financial and child-rearing responsibilities while leaving the option to reconcile or eventually divorce.