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Legal separation dating rules

This could only be obtained on the grounds of adultery, cruelty, or "unnatural practices" (a concept never defined by the legislature or the courts).

Post-1989 judicial depression is possible on one of six grounds, proven on the balance of probabilities: Of the six grounds, the latter forms the basis of the vast majority of judicial separation decrees. The court must only be satisfied that there has been the loss of an "essential ingredient of the marriage".

Furthermore, in cases where children are involved, a court order of legal separation often makes temporary arrangements for the care, custody, and financial support of the children ("for the time being").

Thus, part of the court order determines child custody.

In the United States of America, a legal separation may address the division of assets, division of debts, child custody, child support, and alimony.

A separate maintenance agreement is not a legal separation and therefore child support and custody are typically not allowed to be addressed.

This physical separation may give the two of them a chance to work out the problems in their relationship, while residing in legally sanctioned separate dwellings.

Spouses may also request an a mensa et thoro separation to protect themselves from accusations of desertion or abandonment—such as in cases where one must depart from the other for an extended period of time.

Separation a mensa et thoro is essentially a separation that is sanctioned by a court order, meaning that the spouses may legally live apart, but they are still legally married.However, a legal separation does not mean dissolution of the marriage; under a legal separation court order, the couple will remain married and be recognized under law as a married couple.This means that the inherent rights, privileges, and responsibilities granted by a marriage contract are still legally enforceable.A separate maintenance agreement is often confused with a legal separation which is filed with a court. adultery by the defendant, [or] confinement of the defendant in prison ...." Reconciliation is allowed, so therefore separation is revocable; state laws may require "the joint application of the parties, accompanied with satisfactory evidence of their reconciliation ...Separate maintenance agreements are contracts between spouses and not approved by a court. In some states, there must be grounds or a cause of action to get a judicial decree of separation, such as "cruel and inhuman treatment ... by the court which rendered it, subject to such regulations and restrictions as the court thinks fit to impose." In the Philippines, legal separation may only be had through a valid judicial decree.One issue a separation agreement cannot resolve is the actual divorce itself.Before the introduction of the Judicial Separation and Family Law Reform Act 1989, the only means of judicial separation available in the Republic of Ireland was to seek a decree of divorce a mensa et thoro.Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections to divorce.Legal separation does not automatically lead to divorce.It should be noted that a legal separation will often times deal with the same issues that are often addressed during a divorce, such as financial arrangements, division of assets and debts, as well as child custody and alimony.Even though a legal separation will prove to be quite similar to a divorce in the sense that not only involves the separation of a couple, but it often times will eventually lead to divorce proceedings, there are some apparent differences.


  1. Basic Guide to Divorce/Legal Separation Table of Contents. Court staff can provide general information about court rules, procedures, practices.

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