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Legal Separation

A legal separation is an alternative for parties who wish to live separately and formalize their legal duties to one another without ending their marraige.

The process and length of time to obtain a legal separation is very similar to divorce. The same issues (division of assets and debts, allocation of parental rights and responsibilities, spousal support and child support) must be addressed. The difference is that the parties who obtain a legal separation remain legally married. Some people wish to remain legally married for religious and other reasons. A legal separation may affect the ability to retain health insurance. The granting of a legal separation does not prevent legal separated spouses from filing for divorce later. In that case, the Court will grant the divorce but the terms of the legal separation will remain intact.