Often marriages do not turn out as expected. When this happens, people consider Legal Separation. Legal Separation is a separate legal process authorized by law. The process and procedures for obtaining a legal separation are, however, the same as that which pertain to obtaining a "Dissolution of Marriage" (Divorce) and when you are done the outcome is the same except that you are still married. The Court will award child custody, child support and spousal maintenance, and divide community property and debts to the same extent as requested in a Petition For Dissolution Of Marriage. The domestic relations court shall order that the community property rights and liabilities acquired by marriage terminate as to all property, income and liabilities received or incurred after the entry of a decree of legal separation, unless both parties agree to the contrary. Legal separation is not part of the process for obtaining a divorce. Temporary issues such as temporary custody, temporary child support and temporary spousal maintenance are equally applicable whether the matter is a Petition For Legal Separation or Petition for Dissolution Of Marriage. Proceeding for Legal Separation are, however, different from dissolution proceedings in that there is no 90 day residency requirement.

At any time during the process for obtaining a legal separation, either party may request the court to convert the proceedings to a proceeding for dissolution of marriage. After a person obtains a final Decree of Legal Separation, they must go back to Court and file a Petition For Dissolution Of Marriage if they want to convert the legal separation to a final divorce.

Because the process for a legal separation is the same as that for a dissolution of marriage it is requested that you review that site for more detailed information. The forms for obtaining a legal separation are available for your purchase at the Lawvue Law Store.

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Bill King