What is a Legal Separation?

What is a Legal Separation?

What is a Legal Separation?

A legal separation is a formal and more permanent form of separation that is also more expensive and complicated. It is less commonly chosen by couples, which makes it as expensive, or more expensive, than a divorce. Most often going into a legal separation means that one or both of the couple no longer have the love for each other. This makes the process unsuitable since they would most probably file a divorce later. Thus, the expenses are doubled, and they will have to undergo the same experience once again.

Legal Separation is known through many names. These include divorce from bed and board, separate maintenance and divorce a mensa et thoro. It is granted through a court order and can be in a consent decree form, which is binding legally on both the husband and wife. If there are children involved, child custody becomes a part of the legal documents.

In spite of its disadvantages, a legal separation is still done because of a variety of reasons. For one, there are jurisdictions that require a couple to be separate for a certain amount of time before they can be allowed to have a divorce. There are also couples who cannot stand each other any longer but need to remain married for legal or medical reasons. Only a legal separation can make it feasible.

In other cases, couples are sure that they will divorce but they need to have the time to work out a suitable agreement, such as in paying alimony. If one of the spouses does not recognize divorce because of religious reasons, a legal separation will likewise provide the solution. However, should they decide to divorce eventually the couple would still have to file for divorce explicitly.

If your wife wants to have a separation from you and there is nothing that will prevent you from having a trial separation, it would be best to take this path instead of the formal legal separation. A working arrangement could still be worked out even if the separation is just temporary, and you do not need to go through the hardship and expenses that legal separation entails. You can read more on the advantages of going into a marital separation by browsing on online blog sites that deal with the topic. As with everything else, you need to make an informed decision to make things work better, and educating yourself on the subject could be the most important step you could take in saving your marriage.

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