Legal separation represents an option to a marriage dissolution or divorce case, according to the American Bar Association Section of Family Law. Although divorce is far more widely utilized by a couple with marital issues or problems, circumstances can exist in which the interests of both spouses are best served through a legal separation. Both parties must agree to seek a legal separation as opposed to filing for divorce.
Function
The function of a legal separation is to permit a couple not prepared to end their marriage legally to utilize a variety of orders the accompany a marriage dissolution decree. No matter the underlying reason for maintaining the bonds of marriage, the couple takes full advantage of other types of orders and relief otherwise found in a divorce case.
Features
The features of a legal separation include court orders establishing custody, visitation and support for any minor child born during the course of the marriage. Additional features of a legal separation proceeding are orders dividing marital debt and distributing marital property between the couple. Alimony can also be ordered through legal separation proceedings.
Benefits
A common benefit associated with legal separation rests in the fact that a couple with religious beliefs that frown on divorce can maintain their spiritual commitments, according to ExpertLaw. They obtain the basic benefits of a marriage dissolution case without violating the rules of their faith. Other benefits include maintaining health insurance for both spouses. A spouse is dropped from the other party's health insurance coverage after a divorce.
Commencement
A legal separation case commences with the filing of a petition or complaint. A petition or complaint for legal separation varies from one for divorce in only one way. Unlike a divorce petition or complaint, a document of this type for a legal separation does not request marriage termination. The petition of complaint for legal separation is filed in the county, district or superior court in the county where at least one of the spouses resides.
Time Frame
In some states, a legal separation remains in force for an indefinite period of time. In other jurisdictions, a legal separation exists for only a set time. At the conclusion of that time period, a couple must pursue a divorce or allow their legal separation status to lapse.
Warning
Before considering whether a legal separation makes sense for you, determine if your state permits this type of legal proceeding. Not all states permit a couple to seek a legal separation. The only alternatives in such states are divorce or annulment.
Expert Assistance
The statutes and procedures associated with legal separation represent complex legal matters. Your rights and interests likely will better be protected if you retain an attorney. Local and state bar associations maintain directories of attorneys that practice in different areas of the law, including family law specialists. Contact information for these organizations is available through the American Bar Association.
