How Long Is A Legal Separation Good For?

Many married couples decide to end their marriages by filing for divorce. However, many couples may want to end their relationship temporarily or permanently but do not want to get a divorce. Therefore, they may file for a legal separation.

A legal separation is a court-ordered judgment that allows married couples to live separate lives and remain married. Spouses may choose legal separation for several reasons. They may not be sure that they want to end their marriage. The legal separation may be their trial period to see if they will reconcile or file for divorce. A legal separation suit resolves issues such as each spouse’s responsibilities for marital debts, property distribution, child support, child custody, parenting time and spousal support. Spouses may have religious interests that prevent them from having a divorce. To adhere to their religious beliefs, they may seek legal separation as an alternative because it provides similar results to a divorce. Married couples may also have financial, legal and social reasons for getting a legal separation.

The duration of a legal separation may be limited or unlimited. The court determines the length of legal separation. Once the set time expires, the couple is no longer legally separated. A married couple may make and file an agreement with the court that suspends their obligation to live together as spouses. The judge may order the legal separation based on the agreement if it is just, equitable and suspends the responsibility for one year or more. For limited legal separations, spouses may file a motion to renew or extend the separation. Suppose the court orders an unlimited legal separation. In that case, one of the spouses asks the court to terminate the separation judgment by showing that the reason for the separation no longer exists.