Legal separation is an alternative to dissolution of marriage that may make sense in some cases. The procedures involved in dissolution of marriage and legal separation are identical. All matters relating to custody, child support, parenting time, spousal maintenance, division of property and of debt are determined in the course of either of these legal proceedings. The only major difference between dissolution of marriage and legal separation is that under a legal separation, the parties are still considered married in the eyes of the law, and are therefore not able to remarry. However, any additional property or debt accumulated individually after the legal separation is each person's respective sole and separate property.
Legal separation is commonly used as an alternative in cases where the parties have a religious reason that prevents them from entering into a divorce. Sometimes legal separation is used where the parties want to take a step toward dissolution of their marriage, but are not sure that they want to finally dissolve the marriage. Legal separation can provide the same financial and parenting time orders as a divorce, for the protection of both parties, while the marital relationship is in transition towards a divorce. A decree of legal separation may be changed into a decree of dissolution of marriage six months after entry of the decree of legal separation.
If you believe legal separation may be an alternative that you'd like to explore, please contact one of the family law attorneys at Jorgensen, Brownell & Pepin to discuss this option more fully. |
