Legal Separation and Divorce


Legal separation is a term used to describe the initial phase of the divorce process when two parties in a troubled marriage move into separate residences.  Many jurisdictions that allow irreconcilable differences to dissolve a marriage mandate at least one year of separation before granting a divorce.  Couples cannot simply decide to separate and then live apart; they must first announce their legal intention to separate in order to qualify for divorce.  During a separation a couple cannot cohabitate, and must formally file for divorce if they do not reconcile after the end of the time period. 

Separation can be an important first step towards reconciliation, but more often than not it is the first step towards final divorce.  It is a complicated process and a legal separation can require paperwork that can overwhelm people unfamiliar with such bureaucracy.  There are also financial and emotional costs associated with separation, so many people who are considering divorce often elect to receive outside counseling in order to help mediate their problems.

Although separation is often a precursor to divorce, some couples elect to only formally separate rather than divorce.  Some of the reasons for choosing separation over divorce may include religious beliefs, insurance reasons, economic inequities, or because the divorcing spouses have not yet fulfilled the legal requirements for divorce.  Furthermore, because formal legal separation is less common than complete divorce, it can sometimes be more expensive and complicated than just a regular divorce. 

A separation can be the first step to terminating a marriage, and it is not one to take lightly.  Information about the legal ramifications of the process can save you from even more headaches and heartache than you already feel, so it's important to consult a dedicated and compassionate lawyer without delay.  You can be on the road towards healing and begin your new life today.

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