“Legal Separation” represents a legal process where a married couple can formalize a de facto separation while still being legally married. It’s sometimes referred to as “judicial separation”, “separate maintenance”, “divorce a mensa et thoro”, or “divorce from bed-and-board”. A legal separation is granted through a court order, often making temporary arrangements for the care, custody, and financial support of the children, if any are involved.

Though it may seem similar, a legal separation is distinct from a divorce. Some couples opt for a legal separation because of moral or religious objections to divorce. It’s important to note that legal separation doesn’t automatically lead to divorce. The couple might reconcile, and if that’s the case, they don’t need to take any additional action to continue their marriage. However, if the couple does not reconcile and wishes to get a divorce, they must file for divorce explicitly.

At Wasatch Defense Lawyers, while we specialize in criminal defense, we comprehend the implications of legal separation, especially when criminal charges could potentially influence the outcome of a separation proceeding. Legal separation can impact child custody, child support, and other related matters. In such circumstances, it’s recommended you consult with a trusted attorney specializing in family law to provide you with appropriate advice and guidance.

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