Legal Question in Family Law in Minnesota
Legal Seperation
I would like to know what is involved in a legal seperation. How do I go about it? What does that mean later if I decide to stay with my spouse. What does it mean in regards to debt? Thank you.
2 Answers from Attorneys
Re: Legal Seperation
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A legal separation is a process similar to divorce. It allows the parties to
establish separate residences, determine custody and visitation, resolve
issues of child support and spousal maintenance, and divide property and
debt. It simply does not dissolve the marriage.
In the event you reconcile, the legal separation may be dismissed. In the
event you elect to divorce, the work is done and it is rather simple to
change the separation into a divorce.
For a free consultation please call 952.831.5000.
Maury D. Beaulier
The Beaulier Law Offices
Http://www.beaulier.com
Re: Legal Seperation
Disclaimer: The following is for general information purposes only and does not create an attorney-client relationship. It is not intended as a substitute for a consultation with an attorney of your choice.
Response:
In twenty-five years of law practice I have never seen a legal separation that did not eventually turn into a divorce. In most situations I strongly advise against it. Too much duplication of effort, and too many issues that don't get finally resolved.
The last time I had clients who needed a court order to put some structure on their separation, but who didn't want to finalize a divorce, I negotiated terms for a temporary order which was part of a divorce proceeding, but then we put the divorce on inactive status. When the inevitable decision (which either party can make) came to proceed with the divorce, we were ready to put it back on active status and get on with it.