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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.
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 .
Legal separation is an intermediate category between marriage and divorce. With separation both parties remain married but establish separate financial, custody and property rights.
Recrimination occurs when the spouse being accused of wrongdoing attempts to stop the divorce process by claiming that the other spouse is guilty of bad behavior themselves. [45] Lastly, provocation is used when the spouse accused of abandoning the marriage defends the suit on the ground that the filing spouse provoked the abandonment. [46]
Legal separation describes a state that you can think of as being somewhere between marriage and divorce. The partners' union is not formally dissolved, although legal separation can be a step ...
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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