Legal Separation

Legal separation is the process through which a judge orders that two spouses in a marriage or two partners in a civil union are required to live separately from one another. However, this DOES NOT mean the two spouses or partners have divorced or have had their civil union dissolved.

When two people are legally separated, one or both parties may request the following:

Either party can file to get a divorce or dissolve a civil union while you are in the process of getting legal separated.

Additional things to know about legal separation:

  • In order to get a divorce or dissolve a civil union, both you and your spouse/partner must show proof that the two of you have been legally separated or have been living separately for at least six (6) months

  • Temporary fees, evictions, or restraining orders can be modified

  • Once ordered, a property settlement is final and CANNOT be modified

  • If you have retirement savings, you both will likely need to agree to a Qualified Domestic Relations Order (QDRO)