Separation is similar to divorce, although a couple remains married after a judge grants a legal separation. Many of the same issues arise in both divorce and separation proceedings, so it can be difficult to decide which course of action to choose. In some cases, separated couples may wish to continue to live together for financial or other reasons. Depending on which state they live in, legally separated spouses may continue to share the same home.
If an individual files for separation, legal separation will occur prior to filing for divorce. Once you are divorced, you cannot file for legal separation. Many couples will file for legal separation prior to filing for divorce, while others may file for legal separation but never file for divorce.
A legal separation can take just as long to complete as a divorce and can be just as costly. One spouse will file a Petition for Legal Separation and serve the other spouse with a copy of the petition. The spouse filing the petition must pay a filing fee. Next, the spouses will appear before a judge, who will divide their assets and debts. In addition, the court will determine the same issues as those involved in a divorce: custody, visitation rights and child and spousal support.
Obtaining a legal separation has many significant consequences. For example, just as in a divorce, any earnings acquired following a legal separation belong to the spouse who earned the income. In addition, any debt acquired by either spouse belongs to that spouse alone, and the other spouse is not responsible for repaying any portion of that debt.
Depending on the state in which you reside, you may be able to live with your spouse after the two of you are legally separated. For example, California permits a legally separated couple to share a home. However, some states may not recognize the legal separation if the couple continues to live together.
Elizabeth Stock began writing professionally in 2010. Before pursuing a career as a freelance writer, Stock was an editor and note writer for the "Thomas Jefferson Law Review" while attending Thomas Jefferson School of Law in San Diego. Stock recently graduated magna cum laude from Thomas Jefferson earning a Juris Doctor.