Legal separation
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Legal separation (sometimes "judicial separation", "separate maintenance", "divorce a mensa et thoro" or "divorce from bed-and-board") is a legal process by which a married couple may formalise a de facto separation whilst remaining legally married. A couple may obtain a legal separation, as an alternative to divorce, based on moral or religious objections to divorce.
Legal separation does not automatically lead to divorce. A couple may reconcile, in which case they need do nothing in order to remain married. If they do not reconcile, and wish to divorce, they must file for divorce explicitly.
In some jurisdictions - such as Italy[1] - a period of legal separation is required before a decree of divorce can be made and may be considered as part of the divorce procedure.
In the United States, issues that can be addressed in a separation agreement include division of assets and debts, child custody and support, visitation schedules, alimony, etc. Almost all states except Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas recognize a legal documentation of separation.[2]
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[edit] Notes
- ^ "Italy Divorce law". international-divorce.com. http://www.international-divorce.com/d-italy.htm. Retrieved on 1 March 2009.
- ^ "Understanding Legal Separation". womansdivorce.com. http://www.womansdivorce.com/legal-separation.html. Retrieved on 3 April 2009.
