Legal Separation


While legal separation may not work for those parties who wish to have a “trial separation”, it is a good solution for those individuals who prefer to remain married, but no longer share assets or a home. In a legal separation, the court will address the same issues as it would in divorce, such as the division of property, child custody, and spousal and child support.

While one party may believe a legal separation is the best option, the court requires an agreement from both to proceed. Upon the request from either party, the proceeding could be converted to a dissolution, and the official legal separation document used as the basis for the divorce settlement agreement.

Key Points to Consider

  • A legal separation retains marital status for personal moral, ethical, or religious beliefs.
  • A legal separation often allows for the retention of military or medical benefits for a spouse.
  • A legal separation leaves the option open to restore the marriage.
  • If either spouse wishes to marry another person in the future, the legal separation needs to be converted to a dissolution.

Whether a domestic relationship is facing a legal separation, an annulment, or divorce, the lawyers at Bellah Perez will provide straightforward, honest advice and diligent legal representation to protect your rights and help you through the process.

If you find yourself, or your family, in one of these difficult situations, contact Bellah Perez, to consult with our compassionate and skilled family law attorneys at 602-252-9937.