Separating couples may choose to legally separate for any number or reasons. For example, one or both spouses may object to divorce for religious reasons. Or, there may be health or financial reasons. It may also be a good option for couples that are not sure that they want to end their marriages but agree that they cannot live together anymore.
Legal separation allows a separating couple to legally split their property and debt. And like divorce, it also allows the couple to obtain court-ordered parenting plans and child/spousal support.
One significant difference between a legal separation and a dissolution of marriage is the 90-day waiting period with the dissolution of marriage. There is no waiting period for a legal separation.
Conversion to Divorce (Dissolution of Marriage): A Decree of Legal Separation can be converted to a Decree of Dissolution of Marriage six months after the legal separation has been allowed and ordered by the court. Either or both spouses can initiate the conversion by filing a motion with the court and providing legal notice to the other spouse.See our Legal Services