A legal separation is a court-ordered agreement in which a married couple lives separate lives, usually by living apart. A legal separation is preferred over divorce for some people because of religious beliefs, financial reasons, and for the benefit of minor children.

What is legal separation separation?

If you choose to legally separate, neither you nor your spouse will be able to remarry without obtaining a divorce. The main difference between obtaining a legal separation and obtaining a divorce is that in a legal separation you do not ask the court to terminate your marital status.

What do you need to know about a legal separation?

A legal separation is a written agreement that is filed with the court which addresses the rights and responsibilities of a married couple while they are living apart. Issues that can be addressed in a separation agreement include division of assets and debts, child custody and support, visitation schedules, alimony, etc.

Can a legal separation be converted into a divorce?

If the couple decides to get a divorce after they initially had a legal separation, one or both spouses can ask the family court to convert the separation agreement into the divorce order. However, the spouses also usually have the right to revise or retract any agreements made during the legal separation agreement.

Are there any states that recognize legal separation?

It is not a divorce and the spouses continue to be legally married. Is Legal Separation Recognized Everywhere? Legal separation is recognized by most states, with the exception of Delaware, Florida, Georgia, Maryland, Mississippi, New Jersey, Pennsylvania and Texas.

When does a trial separation turn into a permanent separation?

If you both decide there’s no going back, your trial separation turns into a permanent one. That’s discussed next. When you live apart from your spouse without intending to reconcile but you are not divorced, you are considered permanently separated.