A legal separation may be appropriate where a spouse prefers not to terminate the legal status of the marital relationship for religious or other personal reasons. A legal separation can be granted on the same grounds as a dissolution of marriage, and provide for the same custody, visitation, child and spousal support and property division orders as a judgment of dissolution.
The key distinction between a legal separation and a dissolution of marriage is that a legal separation does not terminate your marital status. In a legal separation, when the case has concluded, your legal status remains married or domestic partners. However, if one party determines a dissolution is the right choice and makes that request, the court has little alternative but to grant the dissolution.
Determining whether a legal separation is right for any particular situation is a personal decision that will have legal ramifications.
The Law Offices of Kim Marie Staron can advise you as to your rights and options on these and other family law issues. Please call for a free half-hour telephone consultation or complete the Contact Us form below.