Understanding Court Ordered Legal Separation
In an action for legal separation, the same issues are addressed by the court as in a divorce action, including property division, child custody and physical placement, child support and spousal support. Our attorneys at Hoff, Claringbole & Quigley, LLP, can help you understand the benefits and risks of legal separation versus divorce.
What Is A Legal Separation?
Some people believe they are legally separated after the court enters a temporary order; however, this is not the case. A Judgment of Legal Separation is granted at the end of the process seeking a legal separation. A Judgment of Legal Separation can be converted into a Judgment of Divorce at the request of one party a year after the legal separation is entered.
What Is The Waiting Period?
An action for legal separation may be converted to an action for divorce through agreement of both parties. If, however, both parties are unable to agree, there is a one-year waiting period before the requesting party may petition for a conversion. Assuming a court grants a Judgment for legal separation, the parties may reconcile at any time thereafter.