What is a Legal Separation?
In Arizona, in legal separation the marriage is not ended. A legal separation usually divides marital property and debts. Community property rights usually terminate in a legal separation case. Custody, parenting time and support of children are also usually determined. To obtain a legal separation, you will need to tell the court that your marriage is irretrievably broken and/or that one party desires to reside separate and apart from the other. The court cannot grant a legal separation decree if either party objects. If there is an objection, the court can hear the case as a divorce case. State law: A.R.S. 25-313. provides: The court shall enter a decree of legal separation if it finds each of the following: • That one of the parties at the time the action was commenced was domiciled in this state or was stationed in this state while a member of the armed services. • The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply o
There really is no formal court proceeding to obtain a legal separation in New Jersey. There is an outdated court proceeding called a “divorce from bed and board” that is similar to a legal separation. Basically, a divorce from bed and board is a legal proceeding that is not really a divorce, but it is more than a legal separation. A divorce from bed and board was very popular in the 50’s and 60’s. Many people believed that getting a divorce was a mortal sin, and that they would go straight to hell. These kinds of beliefs were especially prevalent for people of the Catholic faith. To address these concerns the courts developed a legal proceeding called a “divorce from bed and board.” In this type of court case, the parties are economically divorced, but they are still legally married. The parties will receive a judgment that equitably distributes the assets, support awards will be issued, and debts will be apportioned. In these types of cases alimony is usually not awarded. Moreover, p
Although New Jersey law does not provide for a formal legal separation, it is possible for you and your spouse to agree to live separately and to resolve all financial and child-related issues in a written agreement. This agreement may be incorporated into a Judgment of Divorce in the event you or your spouse files for divorce at a later time. If you cannot reach an agreement, you can obtain a divorce from “bed and board.” This means that you will continue to be married although the courts grant all other rights normally incidental to divorce, such as equitable distribution of assets.
Rather than obtain a divorce, parties may seek to obtain a legal separation in Illinois. A legal separation requires the parties be living separate and apart from each other and allows for the Court to order reasonable support and maintenance for each party while they live apart. A legal separation must be filed in the county where the respondent resides or where the parties last resided together as husband and wife. Further, just because one party files for a legal separation does not bar either party from filing for a divorce. For further information, please contact us by e-mail or call attorney G. Edward Murphy at 866-681-5405.
A legal separation means that both parties can live separately without being bound by the actions and contracts of the other. It does not terminate the marriage. Property may be divided, obligations for support and maintenance determined, temporary custody awarded, and debts apportioned between the parties. Either party may request a Decree for Dissolution before the final hearing or six months after the final decree is granted. Legal separation is also considered to be “no fault”. Parties obtaining a legal separation should understand that it may easily be turned into a divorce. Either party can ask the court to grant a divorce, and the court will grant this request any time six months or more after the legal separation is granted with only notice being given to the other spouse.
