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It seems that "Legal Separation" is quite commonly
misunderstood. It is not a legal label for a relationship in which
the parties choose not to live together while considering divorce.
It is not a designation for the legal state that you are in while
you
are waiting for your divorce to become final. And, it is not
intended as a quick way of showing your spouse you "mean
business" or as a "stepping stone" to divorce.
It seems that only lawyers really know what a legal separation is. In fact, Legal Separation is simply the name of a case. It is a distinct cause of action that can be brought to compel payments of reasonable support or maintenance from a spouse who won't pay voluntarily. To qualify, you must already be separated, without fault on your part. The procedures of this type of case are almost identical to those of divorce and the costs are about the same. A Judgment for Legal Separation will ultimately be entered but the court cannot divide ownership of the marital assets (unless both parties agree to do so). A judgment for Legal Separation will not dissolve the marriage. Legal Separation provides limited relief and is recommended only in certain, unique instances. Legal Separation provides limited relief and is recommended only in certain, unique instances. - - Law Offices of J. Richard Kulerski, P.C. |