A significant majority of states in the United States permit you to file a legal separation, according to the American Bar Association Section of Family Law. In some jurisdictions, this type of legal action is called separate maintenance. A distinction exists between a legal separation cause of action and jurisdictional separation some states require as part of divorce proceedings. A legal separation is a stand-alone case, independent of divorce proceedings.
Features
Legal separation includes many of the features found in divorce proceedings, according to the American Bar Association Section of Family Law. Through a legal separation you obtain a court order dividing the property and debts accumulated during the course of your marriage. Other features of a legal separation include court orders dealing with child related matters like custody, visitation and support. A legal separation does not terminate the bonds of marriage.
Considerations
A number of considerations determine whether a legal separation makes sense for you and your spouse, according to Expert Law. For example, at the present time you and your spouse cannot readily live together as man and wife, but believe a future reconciliation is possible, legal separation can be an appropriate course. Perhaps you maintain religious beliefs that preclude divorce. Legal separation represents a course of action that allows you to obtain the basic benefits of divorce without terminating your marriage in violation of your religious beliefs.
Types
Two general types of legal separation cases exist in different U.S. states. First, types of proceedings permit you the ability to obtain an indefinite order of legal separation. On the other hand, some states allow legal separation for a specific time. When that time period expires, the legal separation terminates and the couple must decide whether to remain married or seek a divorce.
Petition for Legal Separation
A petition for legal separation needs to contend that your marital relationship reached a juncture at which you and your spouse no longer can reside together. You also must note that a chance for reconciliation in the future exists, that you maintain religious reasons or possess some other legitimate purpose for avoiding a divorce.
Agreement With Spouse
Your spouse needs to be in agreement with you to pursue a legal separation case, according to the American Bar Association Section of Family Law. Although a mutual agreement on specific issues associated with a case--division or property or child custody, for example--is not necessary, you both need to concur about pursuing a legal separation. If your spouse elects to pursue a divorce even though you desire to obtain a legal separation, the court will permit the matter of your marriage to proceed to divorce.
