Legal Separation

  I wanted to be a problem solver. I think solving problems makes the world a better place. As a lawyer, you can protect your clients and find the best solution. If I’m going to do what I really want to do with my life, I’ve got to find an avenue to make that happen.  

— Leigh Byers

Legal separation is not a step toward divorce. It is not “divorce lite.” People think once you file for divorce or once you move out, you are legally separated. That’s not true. Legal separation is a process just like divorce. It can address everything a divorce would address, but you are still legally married. For this reason, legal separation only makes sense in very specific situations.

A legal separation allows you and your spouse to make a legal commitment to how you will structure your separation. You may determine a specific term for separation if you wish; and you can decide who will live where, how your family expenses will be paid, how you will divide time with your children, and whether or not assets can be utilized and in what manner during the separation period. If you prefer to do so, you may also determine how assets will be divided between you in a subsequent divorce.

The important thing to note is that if you obtain a legal separation and later decide to divorce, you will have to file a new case.