What is a Legal Separation?
It seems that “Legal Separation” is quite commonly misunderstood. It is not a legal label for a relationship in which the parties choose not to live together while considering divorce. It is not a designation for the legal state that you are in while you are waiting for your divorce to become final. And, it is not intended as a quick way of showing your spouse you “mean business” or as a “stepping stone” to divorce. It seems that only lawyers really know what a legal separation is. In fact, Legal Separation is simply the name of a case. It is a distinct cause of action that can be brought to compel payments of reasonable support or maintenance from a spouse who won’t pay voluntarily. To qualify, you must already be separated, without fault on your part. The procedures of this type of case are almost identical to those of divorce and the costs are about the same. A Judgment for Legal Separation will ultimately be entered but the court cannot divide ownership of the marital assets (unles
One spouse may file for a legal separation, or separate support, without beginning divorce proceedings. In an action for separate support, child custody and child and spousal support may be obtained. The residency requirement is the same as in divorce cases. Also, if the parties are living apart prior to a divorce, they are legally separated.
Another type of action, separate from a dissolution, is a legal separation. A legal separation greatly resemble an action for divorce except that the parties are not free to remarry. One major advantage of filing a legal separation action is that, unlike a dissolution, there are no residency requirements. A legal separation is not to be confused with the date of separation as explained earlier in “Facts About Divorce.” In California, a person does not have to obtain a “legal separation” before filing a divorce. To learn more about legal separation, annulments or a Judgment of Nullity in California please contact the family law lawyers at Bartholomew & Wasznicky LLP.
Legal separation is a legal status conferred by a court, where the parties remain married, but the court sets the rights and liabilities of the parties with respect to child custody, support, visitation, alimony, property and debts. The process of legal separation is sometimes called separate maintenance. A decree of separate maintenance cannot later be converted to a divorce decree. If parties in a legal separation later desire a divorce, they must file a new divorce action.
Technically, there is no such thing as a “legal separation” in Pennsylvania. Separation for divorce purposes means that one spouse conveys the intent to the other that he or she no longer desires to remain married. That intent may be conveyed in a number of ways including by filing a divorce complaint or by one spouse vacating the marital residence without an intent to return. In some circumstances, parties can be separated while residing in the same household. The date of separation is relevant to the definition of marital property and commencement of the two year separation period necessary for a unilateral no fault divorce.
