Legal Separation: 

A procedure that is virtually identical to a divorce, except that the parties retain their marital status; they remain married and are not free to remarry. 

 

Just as in a dissolution, issues regarding child custody and child support, spousal support and the division of property are all resolved in a legal separation.  Unlike in a divorce, however, the parties are still eligible to retain certain benefits that would otherwise be lost in a dissolution proceeding. 

 

A common reason to seek a legal separation instead of a divorce is for religious or other personal reasons or to allow the parties to retain eligibility for medical insurance that would otherwise be lost by a termination of the marriage. 

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Legal separation is an alternative to a divorce which does not necessarily have to lead to a divorce.  A legal separation allows a couple to divide their assets and debts, create co-parenting schedules with children and address custody, child and spousal support issues that may be needed, however, does not terminate the marital status. Therefore, the couple may continue to file taxes jointly and remain on each other’s health coverage plans.

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Why Choose a Legal Separation over a Dissolution of Marriage?

Couples may elect to obtain a Judgment of legal separation rather than a dissolution for reasons, such as;

• The parties believe there is a reasonable possibility of reconciling in the future and desire not to terminate their marital status at this time.

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• One party needs to remain on the health coverage plan of the other spouse to continue ongoing medical treatments and by terminating the marital he or she would no longer be eligible for coverage.

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• The filing party has not yet established residency in the State and/or County for the requisite time frame to file for Dissolution. After residency is established, the party may amend the petition for legal separation to dissolution without paying an additional filing fee.

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   Important Facts:

• You do not need to file for legal separation before filing for dissolution, these are contrasting filings and yield different legal outcomes.

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• A legal separation must be agreed to by both parties. If a party files a legal separation petition and the other responds by filing a request for dissolution, the case will proceed as a dissolution.

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• If you elect to convert your case to a dissolution after filing for legal separation, you have do so before a judgment of dissolution is granted. After a judgment of dissolution has been entered, a new petition must be filed, the initial filing fee will be required by the clerk of the court and a new case number will be assigned.