What are the legal consequences of legal separation?

Legal separation cannot be decreed based on the agreement of parties, while separation of property may be effected by agreement of the parties, subject to judicial approval. Below are the legal consequences of legal separation:

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.

When is a separation considered a permanent separation?

Permanent Separation When you live apart from your spouse without intending to reconcile but you are not divorced, you are considered permanently separated.

How many different types of separation are there?

There are three different types of separation. In most states, only one (legal separation) changes your legal status—but all three of them have the potential to affect your legal rights.

How does legal separation affect your legal status?

In most states, only one (legal separation) changes your legal status—but all three of them have the potential to affect your legal rights. If you and your spouse need a break from the relationship, you may choose to live apart while you decide between divorce or reconciliation.

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.

When is a legal separation the best option?

If you and your spouse want to keep your health insurance, life insurance, investments, or other financial plans in place while severing other financial ties, legal separation might be the best choice for you at this time. Separation provides an intermediate step between being together and getting divorced.

Why is the date of separation so important?

Divorcing couples are usually most concerned with the date their divorce will become final, but there are a number of reasons why the “date of separation” (when one spouse decides the marriage is officially over) is actually more important.