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Marital Separation Laws | LegalMatch Law Library





Most Common Family Law Issues:
  • Adoptions
  • Guardianship
  • Child Custody and Visitation
  • Paternity
  • Child Support
  • Separations
  • Divorce
  • Spousal Support or Alimony

Legal separation is when a married couple makes a binding agreement about how to manage their affairs and assets while living apart, but do not get a formal divorce .

Alabama, Arkansas, Arizona, California, Colorado, Connecticut, District of Columbia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.

Delaware, Florida, Georgia, Idaho, Mississippi, Pennsylvania, and Texas.

Prior to divorce, certain states may require or allow different separation situations, including:

  • Requiring the couple to separate before filing for divorce
  • Allowing a court order for legal separation to be turned into a divorce proceeding
  • Requiring the couple to start the process of divorce, even if separated
  • Giving courts the authority to decide whether to change a separation agreement into a proceeding for divorce

In community property states all property the couple acquired during the marriage is owned equally by each spouse. When separating, it is important to realize that until a divorce is finalized, the community property will continue to be owned in part by the other spouse.

If you are considering a separation, you should contact an experienced family law attorney who can explain how your state s laws affect you. Speaking with a family law lawyer before separating can make the best of your situation.

Last Modified: 04-08-2015 12:52 PM PDT



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