A legal separation won’t dissolve your marriage, but there may be advantages for obtaining a Judgment of Legal Separation. A legal separation allows you to begin the process of marital property division, and the determination of child custody and child support, and spousal support. The only difference between a Legal Separation and Dissolution of Marriage (Divorce) is that when the judgment is entered in a separation, you are still married. You will need to file for divorce afterward, if that is what you want.
Legal Separation can be used to preserve the relationship while maintaining assets and rights to seek protection from creditors or obtaining certain government benefits. Some benefits of legal separation are:
- You may retain certain benefits of a married couple, generally including health insurance benefits.
- You may get certain government benefits that you may not be eligible for if married and not separated.
- You can protect your rights in all matters relating to alimony, child custody and child support.
- You may protect yourself from debt incurred by your spouse.
We provide aggressive and focused representation throughout the divorce process. If you need a strong advocate in a difficult marital situation, contact a divorce attorney with experience at the Law Office of Richard E. Bawden and Robert A. Kochis.