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A legal separation does not put an end to the marriage, it enables you to live separately, but remain married. During the time you are living apart, you have a court order which outlines the responsibilities of each spouse such as who pays which debts. You remain legally married while choosing to live separated.

Issues that can be addressed in a separation agreement if both parties are in agreement to be separated are division of assets and debts, child custody, child support, parenting schedule, and spousal support. The same issues addressed during the divorce process are also addressed in a separation agreement. A separation agreement can protect your interests until the decision is made to file for a divorce.

However, if you file for a legal separation, the court, in its discretion, may equitably divide, distribute, or assign the marital property in whole or in part, or reserve the division or assignment of marital property until a later time. If the court makes a final distribution of marital property at the time of the decree of legal separation, any after-acquired property is separate property

After you have lived separated under a Legal Separation Order for two years, the trial court can divorce you on the ground of separation for two years if you have no minor children.

If you believe that filing for a Legal Separation may be in your best interests, you will need to find the best attorney to represent your interests.

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Please contact our office to schedule a consultation to discuss a Legal Separation. Our office has experience handling Legal Separations.
615-244-3000 or Audrey

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