Legal Separation

Legal separation is essentially the same as a dissolution of marriage except without the actual termination of the marriage. During a legal separation, all assets and debts are divided, spousal support (alimony) is determined, legal decision-making (custody) and parenting time (visitation) are resolved, and child support is calculated.

What’s the Difference Between Legal Separation and Divorce?

The primary difference is that at the conclusion of a legal separation, the parties are still legally married. Legal separations are uncommon. Some reasons people seek a legal separation rather than a divorce include to allow one spouse to remain covered by health insurance and religious reasons.

If a party files for legal separation, the matter may be converted to a dissolution of marriage (divorce) at any time during the proceedings.

Once a Decree of Legal Separation has been entered, a dissolution of marriage (divorce) can be obtained by filing and serving a new Petition for Dissolution under the same case number and referencing the terms of the legal separation.