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Legal Separation
Legal Separation is designed to define the rights and obligations between spouses who are living apart while still legally married.
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Legal Separation Lawyers

Key Takeaways

  • Legal separation allows a married couple to live separately and divide their assets without becoming legally divorced. The marriage is still technically maintained.
  • Since the central difference between legal separation and divorce is whether or not the marriage is officially ended, legal separation is often pursued by those with religious objections to divorce.
  • A legal separation does not create an official dissolution of the marriage, but it often comes with other aspects of a divorce.
  • Legal separation is a separate legal process from divorce, so you will need to pursue it specifically via a petition for legal separation if that is what you want.
"A couple sitting apart on a couch, both looking distressed and deep in thought, illustrating the emotional strain and contemplation often involved in the decision to pursue a legal separation.

Divorce is a valid option for a lot of people, but it is not the only option. Legal separation can also be a part of the process, but whether it’s the best choice depends on your unique situation. Everyone has different reasons for the path they take.

Whatever your reasons are for legal separation or divorce, you will want an experienced attorney by your side throughout every step of the process. They will advocate for your rights in a system that is too often biased against men. Take a closer look at the benefits of legal separation and divorce lawyers for men.

Cordell & Cordell Provides Strategic Guidance for Families

At Cordell & Cordell, we represent men and fathers in family law cases, including those who are seeking legal separation. We have extensive experience navigating the court systems across all 50 states and foster a communicative attorney-client relationship to keep you informed of how everything is progressing. We understand the burden of these situations and offer compassion to those who are often expected to suffer in silence. Take a look at what some of our previous clients had to say about our services.

Client Reviews

“The whole team from Cordell and Cordell did an amazing job on my case! They all went above and beyond, and I will be forever grateful! ” – Damian A.

“I secured representation for my case prior to Cordell & Cordell, which was far from adequate and left me in a bad position. I approached C&C in an effort to correct my situation and help me attain a better position in my case. I often wonder how things could have been different if I had initially hired a quality firm such as Cordell & Cordell.” – Matthew F.

“I had the pleasure of being represented by Cordell & Cordell recently. Every member of their team was outstanding, and I knew I was in good hands from the very start.” – Nick P.

What Is a Legal Separation?

Legal separation is a court process designed to define the important rights and obligations between spouses when they live apart but do not want to divorce. This might be the case if, for example, the couple wants to maintain certain financial or insurance benefits that come with being married or if they are not yet ready to make the final decision to pursue a divorce decree. This is a different type of separation from typical separation, which just means living apart with separate lives.

The decree for legal separation establishes rules between the spouses regarding such issues as child custody, visitation, and spousal maintenance (alimony). It also divides property and usually debt. However, unlike divorce, the marital bonds are not severed during a legal separation. This means that while you live apart, you are still legally recognized as husband and wife, which may have implications for taxes, insurance, and other legal matters.

If, at any time during the legal separation or thereafter, either spouse believes that the differences between them are irreconcilable, he or she may file a motion to convert to a dissolution of the marriage.

The Difference Between Legal Separation and Divorce

The key difference between legal separation and divorce is that a marriage is only legally terminated in a divorce. In contrast, a legal separation typically involves spouses living in separate locations while maintaining their marital status. A separation does not typically warrant court involvement with factors like child custody and distribution of assets and debts, but legal separation does. People pursue legal separation rather than divorce in some cases because they are opposed to divorce due to morals or religious beliefs.

Related Article: The Difference Between Legal Separation, Divorce, And Dissolution

How to File for Legal Separation

To file for legal separation, you will need to file a petition in either the family division court or the superior court in your jurisdiction. Note that this is a separate process from divorce, so you must make sure you are pursuing legal separation if you desire it more than the typical divorce process.

Close-up view of a lawyer guiding a couple through the legal separation process, highlighting the signing of documents and the division of assets with wedding rings and a gavel on the table, symbolizing the formal and legal nature of their separation.

Here Is What’s Included in a Separation Agreement

A separation agreement typically addresses a wide range of unresolved matters between you and your spouse, including the following:

  • Distribution of assets and debts
  • Spousal support payments
  • Child custody arrangements
  • Visitation agreements
  • Child support if required

Related Article: 5 Mistakes to Avoid During Your Separation

Our Experience With Handling Legal Separations

Typically, we have found that most legal separations occur for three reasons:

  1. Religious
  2. Benefits; or
  3. Belief in eventual reconciliation

Those who seek a legal separation for religious reasons often believe that divorce is not an option because of their faith, but they would prefer to live separately. This requires: the division of all assets and debt; a determination of spousal support where appropriate; and a determination of child custody and child support for families with children. Yet, the legal marital relationship remains in tact.

Couples may separate in order to preserve health insurance benefits and inheritance rights available to a married couple. Although the couple live separately living separate lives, they may continue to enjoy the benefits of their legal status as married.

Finally, a couple may be unable to continue living together, but do not want to dissolve their marriage because they believe in the potential of reconciliation. If parties should reconcile, remarriage is not required as it would be if they had divorced instead of separating.

Contact Cordell & Cordell: Compassionate Legal Separation Attorneys for Men

At Cordell & Cordell, we focus on representing men and fathers in family court. Our experienced family law attorneys will take a compassionate approach to your case, offering the same kind of service we would want in a similar situation whether you or your spouse files for separation. Contact our team today at 866-DADS-LAW or fill out our online contact form to schedule an initial consultation about your legal separation case.

Frequently Asked Questions

Is It Okay to Date During Legal Separation?

It is perfectly legal to date during a separation, but it may not be the best option. There is no law against dating, but certain details in your separation agreement could mean that dating carries consequences with which you may not want to deal. Speak to a Cordell & Cordell separation attorney to determine whether dating would be advisable in your case.

How Much Does a Legal Separation Cost?

In general, a legal separation costs about as much as a divorce does, which means it will cost more based on the complexity of the case. Couples with greater marital assets that need to be distributed usually pay more than couples who do not own much property. Additional fees can include court costs, filing fees, legal fees, and mediation expenses.

Why Would You Get a Legal Separation Instead of a Divorce?

A legal separation is preferable to a divorce for some people who have religious objections to the concept of divorce. Additionally, some pursue legal separation rather than divorce because they have hope for reconciliation down the line and still want to maintain relevant legal protections and obligations, such as joint health insurance, while allowing for the division of property.

Joseph E. Cordell, founder of Cordell & Cordell family law offices

Written by Joseph E. Cordell

Co-Founder, Principal Partner
Joseph E. Cordell, founder of Cordell & Cordell family law offices

Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.

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    Why Hire
    Cordell & Cordell?

    Men hire Cordell & Cordell because the firm’s entire focus is on aggressively championing the rights of men and fathers through divorce. Our attorneys understand how the deck is often stacked against guys in family law and are committed to leveling the playing field by providing the legal guidance and resources needed to give them a fair chance at success.