Legal Separation


A legal separation is a binding, legal contract that is just as important as a divorce.

Unlike divorce, a legal separation does not put an end to the marriage. During a legal separation, you have a court order that outlines the rights and responsibilities of each spouse while they are living apart. You remain legally married while choosing to live separate lives. Issues that can be addressed in a separation agreement are division of assets and debts, child custody and child support, visitation schedules and spousal support.

Also, anything you agree to in a legal separation agreement can set precedence. In other words, if you agree to your spouse living in the family home and you continuing to make the mortgage payments, a judge may order you to continue doing so after a divorce. Therefore, you may not want to agree to anything in a legal separation agreement that you would not agree to if you were negotiating a divorce settlement.

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