Legal separation is permitted in some, but not all states in the U.S., according to the American Bar Association Section of Family Law. Although some variations in the statutes exist from one jurisdiction to another, the laws regarding legal separation cases and procedures are fairly consistent.
Function
The primary function of legal separation rests in providing a married couple the ability to live apart and obtain the types of orders commonly available in divorce case, with one major exception. A marriage continues in force at the conclusion of a legal separation proceeding, according to FindLaw.
Benefits
The benefits of legal separation include providing a couple who cannot live together at the moment the ability to contemplate a reconciliation. They can enjoy many of the legal protections associated with divorce and yet not terminate the marriage. Additionally, the benefits of a legal separation extend to allowing a couple to reside apart and not violate any religious beliefs that prohibit or discourage divorce.
Misconceptions
One of the most widespread misconceptions associated with legal separation cases arises from the belief that before a person can be granted a divorce, she must undergo a legal separation. Some jurisdictions do require a physical separation either before a divorce case can start or before a divorce decree can be obtained. However, this physical separation is not the same as a legal separation, which is a unique legal action, according to ExpertLaw.
Features
Except for marriage termination, a legal separation's features mirror those of a divorce. These include a formal division of the assets and debts of the marriage. Additionally, a court issues orders regarding child custody, visitation or parenting time and support in a legal separation case. Indeed, even alimony is available in some legal separation cases, depending on the circumstances of the parties in such a proceeding.
Commencement of Proceedings
A legal separation case commences with the filing of a petition or complaint. The petition or complaint is the legal document that sets forth specific facts supporting the request for a decree of legal separation. Petition or complaint forms typically are available from the office of the clerk of the court in the county where you reside. Individuals not represented by counsel can access these forms free of charge in most jurisdictions.
