Legal Separation

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On occasion, when a husband and wife decide to separate, they may elect (for various reasons) to obtain a "legal separation" rather than a divorce.

In those circumstances, although the procedure is basically the same as the procedure to obtain a divorce, when a spouse obtains a "legal separation," the end result is that the parties are "legally separated instead of divorced.

This is most common in situation where for some particular reason, the parties have decided that they need to remain formally "married" yet at the same time are living separate and apart with all of their assets and responsibilities divided and allocated.

A frequent reason for obtaining a legal separation instead of a divorce is to avoid religious proscriptions against divorce. Certain religions either prohibit or do not recognize divorces. In order to end a marriage yet still be within the limits prescribed by the religion, parties sometimes elect to undergo the process of "legal separation" in order to end their marriage without violating their religious beliefs.

Another instance where parties will legally separate is found when one party wishes to and/or needs to remain on the other parties' health insurance. A party cannot insure another party unless they are still legally their spouse.

As explained above, the procedure to obtain a legal separation is identical to the procedure for divorce except that when the proceedings are concluded the parties are still legally married.

Cooper-Gordon LLP can counsel you regarding the advisability of undertaking this particular type of proceeding. We will gladly have a consultation with you to discuss these issues.