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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 formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order.
Length of separation as grounds for divorce State Time period Ref California: 6 months [19] Texas: 3 years [20] New York: 1 year [21] Illinois: 6 months [22] Georgia: 30 days [23] North Carolina: 1 year [24] Virginia: 1 year (6 months if no children) [25] Maryland: 1 year [26] Missouri: 30 days [27]
A separation can be initiated informally, or there can be a legal separation with a formal separation agreement filed with the court. As for a divorce, the latter may include provisions for alimony , whether to have sole custody or shared parenting of any children, and the amount of child support .
Matrimonial regimes are applied either by operation of law or by way of prenuptial agreement in civil-law countries, and depend on the lex domicilii of the spouses at the time of or immediately following the wedding. (See e.g. Quebec Civil Code and French Civil Code, arts. 431-492.).
That’s why divorcing couples often decide to sell the marital home, so they can pay off the mortgage and start over, free and clear. If you opt to keep the house, you also keep the mortgage.
In some states, separation is a triggering event, recognized as the end of the term of the marriage. Other states do not recognize separation or legal separation. In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage. Age of the parties at the time of the divorce
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