Separation

We often hear “I would like to get a legal separation.”  You are “separated,” in law, upon the two parties living separate and apart with no reasonable prospect of resuming cohabitation.  This can even occur when you continue to reside under the same roof!  There is no law that says you need do anything once you become separated.  You, and/or your spouse, do have certain rights and obligations which are triggered by the separation.  It is the settlement of these significant issues that usually form the basis of any agreement or court-ordered settlement between the parties.  

There are two primary methods of dealing with the issues that arise upon separation.  The first is a consent leading to a separation agreement (a contract between the parties settling the matter to their mutual satisfaction).  The second method is through litigation that leads to a court-ordered or imposed settlement.

You should be aware that there are time limitations which could limit or forever prevent any claim by you.  It is important, therefore, to seek legal advise early in your separation or even before any potential separation.       

To discuss whether you are, in law, “separated” and/or what rights or obligations you may have, call any one of our team today.