The term “Legal Separation” is used when:
- A Court Order has been issued which recognizes that the parties are living apart but is not a Final Judgment of Divorce
- The Parties have signed a proper agreement such as a “Temporary Agreement” which recognizes that they are living apart, and they are in actuality living apart.
However, even though the husband and wife are living separately, the court does not regard them as being single or as being legally “divorced” or legally separated, so they cannot enter into a marriage with another individual. There is no severance of the marital bonds (like in limited divorce). If they have sexual relations with another individual, their actions are regarded as being adulterous. Also, even though both the spouses are still regarded as being legally married, neither has the right to have sexual relations with the other. Apart from this, since the marriage has not been terminated, the spouses are not allowed to remarry each other.
The limited divorce is a type of legal separation.
The Court Orders or Agreements related to Legal Separations deal with financial and child related matters. Legal separation also has certain tax implications regarding the way a spouse is authorized to file income tax returns. For example, a legal separation may entitle a spouse to claim "head of household" status, recognized by the Internal Revenue Service.
A good alternative to filing for a limited divorce is that both spouses should enter into a “temporary agreement”. This agreement will grant the same orders which are otherwise achieved through the limited divorce.
Hire services of a professional divorce lawyer. A divorce lawyer or divorce attorney can help you understand the complexities involved in a legal separation.
