UNDER THE LAW.
Legal Separation differs from divorce in that your status will remain that of a married person, but you will be legally separated. However, while it differs as to your marital status at the finality of the procedures, just as in a divorce matter you must still resolve all issues such as property division, support (alimony), custody and visitation, and division of retirement accounts. Like a divorce action, legal separation cases may be contested, but are more commonly uncontested.
Both parties must agree on a legal separation. There are typically three reasons one might choose to be legally separated versus obtaining a divorce. The first, and most common, is so that one spouse can maintain medical coverage through the other spouse. This is possible because your marital status is not actually terminated. Secondly, there are often religious reasons why one may not want to dissolve their marriage. And finally, often one must file for Legal Separation because they do not yet meet the residency requirements to file in a particular county, and the action will later be modified to a Divorce action.
There are other reasons why filing for Legal Separation may be the right choice for you over a Divorce action. Call our office for a consultation to discuss if this is the right decision for your particular case.