Legal Separation is a law suit brought for a final determination of each party’s marital rights and responsibilities. It is almost exactly the same as a Divorce except that in the end the parties remain married, but in name alone. The issues in a Legal Separation include child custody, child visitation, child support, spousal support, division of property, and attorney’s fees. For a thorough explanation of each of these areas, please click on any of the related links on this website.
The primary purpose for a Legal Separation is for religious reasons or to preserve benefits only available during marriage such as health insurance. An action for Legal Separation requires the consent of both parties. Without that consent, the action is automatically converted into a Divorce. A Judgement of Legal Separation can later be converted into a Judgement of Divorce without spending a lot more extra money.