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Legal Separations Overview
Home » Divorce » Legal Separations » Legal Separations OverviewMarried persons can choose to legally separate, rather than divorce. Legal separation is an alternative to divorce where there has been an irretrievable breakdown of the marriage and the opposite party does not object to the separation. Legal separation does everything that a divorce doe except actually terminate the marriage.
In a legal separation no specific period of domicile is required. As such, legal separation can provide a remedy when neither party has sufficient length of residency to secure a divorce. As in divorce, the court, to the extent its jurisdiction allows, makes provisions for child custody and support, maintenance, and property division. Community property rights terminate after entry of the decree.
A formal legal separation is more permanent, more complicated and more expensive. It is also much less common. It is nearly as expensive as a divorce, and sometimes more so, because it is less common. Often you have to go through all the pain, time, and expense again later to get an actual divorce.
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