Divorce and Legal Separation

When married couples split, their rights are outlined in a Separation Agreement. Couples who are legally separated are still married; to terminate the marriage, they must divorce.

A legal separation is a court decree that specifies the rights and duties (financial, custody, and so on) of married spouses who choose to live separate lives. While the Separation Agreement resolves all other concerns in the marriage, the separated couple remains legally married. While separation is often the first step toward divorce and may create precedents for the divorce, it is not the same thing, and it does not always have to end in divorce.

Couples may decide to petition for legal separation for a number of reasons, including:

before filing for divorce, to make interim financial and custody arrangements for the family.
If there are religious/moral objections to divorce and the parties desire to remain legally separated forever, this is an option.
as a cooling-off phase during which the pair may reconcile.?

In certain places, a term of legal separation is necessary before the couple may divorce, and in others, separation is only another indicator of divorce eligibility. The time of formal separation before divorce may last up to two years, although it can be canceled in as little as six months if both parties agree. Check with your state to see whether you need to apply for separation before divorce for a long time.

To initiate a legal separation:

Determine if you need the services of a lawyer.
Meet the residence criteria of the state in which you want to submit your application.
Determine child custody and support, visitation rights, spousal alimony, and property, asset, and debt distribution. When drafting this section of the separation agreement, you will need to have all of your financial information accessible, such as monthly bank statements, credit reports, or loan agreements.
Have the separation agreement notarized with both parties’ signatures.