legal separation

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legal separation

n. a court-decreed right to live apart, with the rights and obligations of divorced persons, but without divorce. The parties are still married and cannot remarry. A spouse may petition for a legal separation usually on the same basis as for a divorce, and include requests for child custody, alimony, child support and division of property. For people who want to avoid the supposed stigma of divorce, who hold strong religious objections to divorce, or hope to save a marriage, legal separation is an apparent solution. With more states allowing no-fault divorce, the use of separation agreements, and informal separation, legal separation is rarely used.

References in periodicals archive ?
Two cases are instructive, though they do not involve formal legal separations.
But if the parties are opposed to divorce for moral or religious reasons, or neither wants to remarry, or they simply want to formalize their separation before deciding whether to seek a full dissolution, legal separation is a way for them to go it alone.
The main distinction between a legal separation and dissolution is the status of the marriage.
Indeed, determining support is historically the main purpose of legal separation.
6) The conduct that results in a separation need not be a sufficient basis for a divorce, because the measure of proof and grounds for a legal separation differ from a dissolution.
The proper venue for bringing a legal separation action is the county in which the parties last resided together as husband and wife or where the respondent resides.
The court analyzed New Jersey law and found that the particular provision under which the decree of separate maintenance was obtained did not effect a legal separation.
1971-103, wherein the court ruled: "Actual separation does not satisfy the statute which requires that (1) there must be a legal separation and (2) that such separation must have been accomplished by a `decree of divorce or of separate maintenance.
The court rejected the argument that by granting exclusive possession of the marital residence to one of the spouses, it ordered the parties to live separate and apart, and thereby "so changed the incidents of the marriage as to constitute a legal separation within the meaning of `the Code.
An interlocutory order, such as we have here, granting petitioner's wife exclusive possession of the marital home and providing temporary maintenance, is not the equivalent of a legal separation within the meaning of section 143(a)(2).
361, 367 (1978), the court points out that an action to compel support under a divorce statute is distinctly different from an action for legal separation.
If a person who is now a Florida resident has come into the state from a jurisdiction with a judgment or decree of legal separation, they can file as an unmarried person.

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