Family law in some states include provisions permitting what is known as legal separation. Legal separation is a process through which a married couple can obtain many of the protections and benefits of divorce proceedings without having to terminate the marriage, according to FindLaw. The basic statutory elements associated with legal separation are similar in all states that permit this type of proceeding.
Petition for Legal Separation
A legal separation case commences in all states with the filing of a petition for legal separation. In some states, this initiating document is called a complaint for legal separation. The petition sets forth the basic reasons why you desire to obtain a legal separation. Court clerks typically maintain standard forms, including a petition for legal separation, for use by those who are not represented by legal counsel.
Property and Debt Division
The laws for legal separation include provisions permitting the court to divide the property and debts of a couple following the same procedures used in divorce cases, according to ExpertLaw. For example, if the couple resides in a community property state, the court divides the assets and debts between the spouses equally. If the couple resides in an equitable division state, the court divides the property in a manner deemed just and equitable under the specific circumstances of the case. Equitable division does not mean equal, but rather what is fair in the court's discretion.
Children
The court issues all necessary orders relating to children, pursuant to laws for legal separation. The court determines child custody, visitation or parenting time as well as child support, according to the American Bar Association Section of Family Law. In making these decisions, the court utilizes the same standard applied in divorce proceedings, which is deciding what is in the best interests of the child. In analyzing the child's best interests, the court determines which parent historically provided primary care for the child, as well as the overall physical and mental health of the parents and child.
Status of Marriage
Unlike divorce proceedings, the marriage itself remains intact and is not terminated. At a later date, the parties can pursue a divorce if that is their decision. If divorce proceedings ultimately take place because all other issues are resolved in the legal separation case, the only real task of the court is legally dissolving the marriage bonds.
