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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.
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. [1] Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state.
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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Separation by mutual consent and uncontested divorce are also possible without judicial procedure. Divorce may be granted without a previous legal separation only in very rare cases (e.g. final criminal conviction, annulment or divorce obtained abroad by the foreign spouse, unconsummated marriage, sex change). Divorces in Italy by region (2021)
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 .
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