Legal Separation

Most of the time, when a couple wants to go their separate ways, divorce is the answer. However, sometimes Legal Separation can serve the needs of the parties.

The most common uses of Legal Separation are:

The spouses no longer wish to live together; however, one spouse has a medical condition and needs the medical coverage afforded by the other spouse's policy.

The spouses wish to keep living together; however, one spouse cannot control their spending or simply isn't good with money and the financial strain is putting a burden on the family.

For religious or other reasons it is not acceptable for the parties to divorce; however, they do not wish to be legally and financially tied to the other spouse.

Lastly, sometimes at the beginning of a case a spouse may not be sure if they wants to proceed with a divorce so, they may file a Legal Separation. Usually during the course of the proceeding the spouse that initiated the action decides either that they want a divorce or that he/she wants to dismiss the action all-together and remain married. If a person initially files a Legal Separation and wants to convert that Legal Separation into a divorce, that conversion can be done at very little cost. Once the Decree of Legal Separation is entered by the Court, it is more expensive to convert to a divorce.

The Legal Separation process is from a legal standpoint, the same as a Divorce. It requires the same cooling off period, the same disclosure of assets and debts, allocation of those assets and debts and drafting the necessary documents to complete the process.

If you are interested in contacting Owens & Perkins about a Legal Separation, click here or call us at 480.994.8824.