Also known as: judicial separations · legal separation
Written by attorneys · grounded in primary & secondary sources — see below
A court decree separating spouses from bed and board without terminating the marriage. The decree permits orders for spousal and child support based on need and ability to pay as well as equitable apportionment of property.
Jose Jimenez stopped contributing to household expenses after moving out of the marital home. His spouse Jamal Jefferson petitioned the court for alimony and child support. The court granted temporary orders after comparing Jamal's need for funds against Jose's ability to pay from his salary.
Jason Jung and Javier Jimenez agreed to arbitrate all marital disputes including possible legal separation. When Jason sought an arbitral decree of legal separation, the arbitrator declined because only a court may enter such a status-changing award.
Select any source to read its text and confirm it supports the definition.
Justin Jarvis filed a verified petition for legal separation alleging the marriage was irretrievably broken. The petition included the parties' ages, occupations, residences, marriage date, and registration place as required by statute.
Jerome Jackson sought legal separation and asked the court to divide marital assets. The court assigned each spouse's separate property to that spouse and divided community property in just proportions after weighing duration of marriage and each party's contributions.
Jamal Jefferson petitioned for legal separation and requested equitable apportionment of assets acquired during the marriage. The court considered the duration of the marriage, each spouse's income and needs, and homemaker contributions before dividing the property.
Jose Jimenez obtained a decree of legal separation. When the other spouse appealed only the support award, the separation itself became final immediately, allowing either party to seek conversion to dissolution after the statutory waiting period.
No. Family-law arbitration statutes expressly prohibit an arbitrator from issuing an award that grants a legal separation, divorce, dissolution, or annulment because those decrees alter marital status and are reserved exclusively for courts.
Supporting sources
The verified petition must allege that the marriage is irretrievably broken and must set forth the age, occupation, and residence of each party along with the date and place of the marriage.
Supporting sources
The court assigns each spouse's separate property to that spouse and divides community or marital property in just proportions after considering factors such as the duration of the marriage, each party's contributions, needs, and earning capacity.
Supporting sources
A decree of judicial separation is final when entered, subject only to the right of appeal. An appeal that does not challenge the separation itself does not delay finality of the separation provision.
Supporting sources
Yes. A spouse who is not receiving support may petition for alimony and child support in a legal separation proceeding. The amount is determined by balancing the requesting spouse's need against the other spouse's ability to pay.
Supporting sources
…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…