Define: Legal Separation

Legal Separation
Legal Separation
Quick Summary of Legal Separation

Legal separation is a legal arrangement that allows married couples to live apart while remaining legally married. It involves formalising a separation agreement through a court process, which addresses issues such as division of assets and debts, child custody and support, spousal support, and other matters related to the couple’s finances and responsibilities. Legal separation differs from divorce in that the marital relationship is not terminated, and the couple remains legally married. However, legal separation can provide many of the same benefits as divorce, such as establishing clear guidelines for each spouse’s rights and obligations during the separation period. Some couples choose legal separation for religious, financial, or personal reasons, while others may view it as a temporary step before pursuing divorce.

What is the dictionary definition of Legal Separation?
Dictionary Definition of Legal Separation
n. a court-decreed right to live apart, with the rights and obligations of divorced persons, but without divorce. The parties are still married and cannot remarry. A spouse may petition for a legal separation usually on the same basis as for a divorce, and include requests for child custody, alimony, child support and division of property. For people who want to avoid the supposed stigma of divorce, who hold strong religious objections to divorce or who hope to save a marriage, legal separation is an apparent solution. With more states allowing no-fault divorce, the use of separation agreements and informal separation, legal separation is rarely used.
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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 28th March, 2024.

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