Across the United States jurisdictions exists that permit legal separation as an alternative to divorce, according to the American Bar Association Section of Family Law. Although divorce and legal separation represent similar types of legal proceedings, the end result of of these procedures is different. In a legal separation case, the marriage itself remains intact.
Legal Separation Orders
Legal separation orders resolve the same issues dealt with in divorce proceedings, with one exception. A legal separation order does not dissolve the bonds of marriage, according to the American Bar Association Section of Family Law. A legal separation order resolves matters ranging from property and debt division to issues surrounding children, including custody, visitation and support.
Reasons for Legal Separation
A variety of reasons exist for a couple to seek a legal separation as opposed to a divorce, according to Expert Law. A common reason a couple undertakes a legal separation is because they believe that a reasonable prospect for reconciliation at a future date exists. Another reason a married couple seeks a legal separation is religious beliefs. Although they cannot reasonably live together as husband and wife, they want to honor their religious commitments as well. Finally, some individuals send up obtaining a legal separation to maintain health insurance or to permit time for a pension plan to vest.
Conversion to Divorce
Not all states permit a couple to convert a legal separation case into one for divorce, according to Expert Law. In other words, a couple ultimately desiring to divorce must file a new case. In states that permit a conversion of a legal separation case into one for divorce, the parties merely file a motion requesting the court to issue a divorce decree. Because all other issues theoretically were resolved in the legal separation proceedings, obtaining a divorce in a state that permits conversion usually is a relatively uncomplicated process.
Legal Representation
Legal separation laws and procedures can be challenging and complex. Therefore, as you consider a legal separation, look into the advantages available from obtaining legal representation. Local and state bar associations maintain directories of attorneys in different practice areas, including legal separation. Contact information for these organizations is available through the American Bar Association:
American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org
