A legal separation is an arrangement between in a marriage where both parties decide that it is best to live apart, despite remaining married. While there are times when a legal separation is completely consensual and, perhaps, even amiable, there are other times when a court order is necessitated. During these times, many different legal issues may arise, such as a division of property and an arrangement of child custody and visitation. This is notably different from a trial separation, which has no effect on the classification of property, while a legal separation will.
While legal separations are far less common than a typical divorce, here at Nelson, Taylor, and Associates, we have a skilled team of legal experts who can navigate these unusual legal situations. Having the support of a knowledgeable legal team can help you differentiate different issues in areas that are often grey.
For when couples cannot divorce
As stated above, legal separations are not too common. However, there are a couple reasons that people tend to opt for a legal separation, rather than a divorce. For certain couples, there are serious religious implications attached to getting a divorce. This can lead to spiritual factors that make the option of remaining married, but living separated, very appealing. Other times, a couple might acknowledge the possibility of reuniting the marriage in the future, but aren’t sure if that is what they want. In these cases, a legal separation will make it simpler to put the marriage back together in a legal standing than having to get remarried after a divorce.
Separation maintenance is essentially the same as spouse and child support, but for legal separations. The difference in terminology helps to differentiate divorce from legal separation. While different than spouse and child support, separation maintenance does actually influence the amount that may be awarded later, if the couple does decide to divorce, eventually.