Also known as: divorce a mensa et thoro · judicial separation · legal separation
Written by attorneys · grounded in primary & secondary sources — see below
A judicial decree separating spouses from bed and board without dissolving the marital bond. The decree permits courts to order alimony and child support based on the supported spouse's need and the supporting spouse's ability to pay while the marriage remains legally intact.
Darius Dixon stopped contributing to household bills after moving out of the marital home. Daphne Doyle petitioned for support under a divorce a mensa. The court examined Daphne's need for funds to cover rent and medical care and Darius's salary and ordered payments accordingly.
Danielle Dixon and Diego Duarte agreed to arbitrate all marital disputes including status changes. Danielle sought an award of divorce a mensa in arbitration. The arbitrator declined because only a court may enter a decree altering marital status.
Denise Donovan filed a verified petition alleging the marriage was irretrievably broken and requesting a divorce a mensa. The petition listed the parties' ages, occupations, residences, and the date and place of marriage as required by statute.
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Diana Delgado sought a divorce a mensa after her spouse dissipated marital assets. The court assigned each spouse's separate property to that spouse and divided the community property in just proportions without regard to misconduct.
Davenport Pharmaceuticals' founder and his spouse pursued a divorce a mensa. The court equitably apportioned all property and assets acquired during the marriage after considering the duration of the marriage, each spouse's contributions, and future earning capacity.
Dynamic Solutions' CEO obtained a divorce a mensa decree. The decree became final upon entry. The court retained continuing jurisdiction over support and property matters while the marital bond remained intact.
A divorce a mensa separates spouses from bed and board without dissolving the marriage bond. Spouses remain married and cannot remarry. A full divorce terminates the marriage entirely.
Yes. A spouse who is not receiving support may petition for alimony and child support in a legal separation proceeding. In some states the petition may be filed at any time without seeking other relief.
No. Family-law arbitration statutes prohibit an arbitrator from issuing an award that grants a legal separation, divorce, dissolution, or annulment. Those status changes remain the exclusive province of a court.
…in pertinent part: "(1) No license shall be issued to any person who is or has been a party to an action for divorce or legal separation in this state or elsewhere unless the court in the action for divorce or legal separation has granted permission to marry. The court may grant permission to marry only if it finds that the…