This is an example of legal advice. For personalized advice, please visit the divorce advice page.

You can get legally separated without getting divorced

Ending a marriage is challenging for both spouses. It is not only emotionally stressful, but you must also deal with numerous legal processes. But we're here to help!  Legal separation allows each spouse to move on with their life independently from marriage. Spouses remain legally married, but separation confers a special legal status, and spouses can decide on all divorce issues, such as division of marital property and debts, children custody, and support.  States have different names for the concept of legal separation. Maryland uses the term limited divorce, while New Jersey and Virginia call it divorce from bed and board. All other states use the term legal separation, except Florida, Texas, Georgia, Delaware, Mississippi, and Pennsylvania, which do not allow legal separation.  Either spouse may obtain a limited divorce if the other spouse has abandoned or treated them or their child cruelly or viciously.  Legal separation is voluntary. Spouses may select it for different reasons, for example:  They are not yet ready for a divorce and want to live apartThey want to figure out some marital issues (the division of property and debts, child custody, and support) before getting divorced.They don't meet the requirements to file for divorce yet Staying married brings finance-related benefits to either spouse Their religion or beliefs do not allow them to get a divorce Usually, to be considered separated, you and your spouse must live in different houses and not maintain a sexual relationship with each other. A legal separation represents a court-ordered agreement that establishes the financial responsibilities of spouses, division of assets, child custody, and child support. Generally, the process of legal separation starts with filing a separation petition with a court. The court decides on custody and property division and issues a separation order that will bind you and your spouse.  By entering a Separation Agreement, you can save lots of time and money if you and your spouse agree on a division of property and debts, child custody, and child support issues. You must submit this agreement for a judge's approval with your petition. A Separation Agreement binds spouses.  If you and your spouse are willing to separate and agree on all marital issues, you can file for legal separation yourself. If you cannot agree, then we advise you to contact a lawyer. Hiring a lawyer reduces stress, helps you achieve a better outcome, and mitigates further litigation risks. 
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