Legal Separation

Legal separation can be an option if divorce is not a reasonable alternative due to religious beliefs or the prospective loss of medical benefits.

The process for obtaining a legal separation is similar to that for a divorce. You file a complaint/petition/request for legal separation with the court clerk in the county or parish where you or your spouse lives.

Married persons often have joint responsibility for debts. Parties can enter info a written "Legal Separation Agreement" to address the division of assets and debts, alimony/spousal support, visitation and child support. Living apart without a formal written separation agreement can put you at risk if a spouse fails to pay a joint debt. 

If the legal separation is granted, the parties are still married but may live apart. The court may provide for matters such as child custody, visitation, support and property division upon request for either party.

In many jurisdictions, the existence of a legal separation for a certain period of time (for example, two years) creates an additional ground for divorce should either party seek it.