Sometimes a spouse will come into our office inquiring about the possibility of wanting to remain married to his or her spouse, but finds it necessary to live separately and divide the marital assets. We will counsel this person about the alternative to divorce in the form of a legal separation.
A legal separation is a court order outlining that the husband and wife will remain married, but have decided to live separately.
Final Decree of Legal Separation
A final decree of legal separation divides all assets and liabilities of the parties, allocates issues such as parental rights and responsibilities for minor children, including but not limited to child custody, visitation child support.
In a legal separation, the parties will go through all the heartache of a dissolution or divorce, but at the end of the day, will still be married.
Before a final decree of legal separation is granted, if either spouse decides that the marriage is no longer viable, the party may file a motion to convert the legal separation to a dissolution of marriage. If after the final decree of legal separation has been granted, either spouse decides that the marriage is no longer viable, that party may file for divorce.
If you have inquiries whether a legal separation is the right decision for you, please contact our office for a consultation.