A legal separation, in which spouses are permitted by the court to suspend co-habitation and other facets of their daily married life, was created in law to provide for a "time out" period for a struggling couple, before proceeding into a final dissolution of marriage. Some states require a period of legal separation before you can file for divorce. Most states recognize long separations--of years in length--to be valid, even if the separation was neither court-ordered nor court-supervised.
Immediate Relief
A legal separation is one that is ordered and overseen by the court, and can provide immediate relief, such as in the case of domestic abuse. The court will make sure the victim retains legal standing as a married partner---such as access to conjoined bank accounts and credit---even though they are no longer living under the same roof. This immediate relief can also include Orders of Protection against harassment or further attacks, as well as mandatory counseling services.
Time to Reconsider
In states that do not have "quickie" or "no-fault" divorces, often the court mandates a legal separation period to give the couple time to consider whether their marriage is truly irreparably damaged. Sometimes even separations as long as a year or more can result in reconciliations.
Time for Healing
A legal separation also can give time for one or both individuals to recover from a physical or mental illness. Once the illness is treated, the couple may have a better chance to reconcile their problems and heal their marriage.
Time for Preparation
A legal separation period can give both individuals time to get their new life in order, at least to some degree, before a divorce severs certain ties. Children will have time to "practice" adjustments like visitation. The couple can experiment with cooperative arrangements, custody of children and can slowly disentangle their finances before the final "cutoff" comes from the court.
Establishment of Record
A legal separation may help the couple to establish their own identities again, as separate individuals, especially when it comes to credit and banking. While not all banks, credit card companies or credit bureaus will honor the intent of a legal separation, a legal separation decree in hand certainly can help, particularly when applying for a loan or making a major purchase.
References
- "Taking Space: How to Use Separation to Explore the Future of Your Relationship"; Robert Buchicchio; March 1, 2006
- "Tug of War: A Judge's Verdict on Separation, Custody Battles, and the Bitter Realities of Family Court"; Harvey Brownstone; Jan. 1, 2009
- "The Rights of Children in Separation and Divorce: The Essential Handbook for Parents"; Robert C. Prall; May 2000
