A divorce is the legal means to end a marriage. Once the divorce is finalized, both parties are legally single and free to remarry. During the divorce process, the couple will decide on matters such as division of property, child support, child custody, and alimony.
What Is a Legal Separation?
A legal separation is a way to legally separate assets and finances — and deal with matters of child custody — without actually dissolving the marriage. The parties are still legally married, but court orders are in place governing how finances and property are to be used. Some couples choose legal separation so that they can live separate lives without ending their marriage for personal or religious reasons.
What Are the Requirements for a Legal Separation?
A legal separation is very different from a married couple simply living apart. An informal separation is not recognized by the family courts, which means any property acquired during an informal separation would still be considered marital property. There are no specific requirements to file for a legal separation in Minnesota. As long as at least one party has lived in the state for 6 months, you can file for the separation.
What Happens If I Want to File for Divorce Later?
If you go through with a legal separation and then decide later that you want to get a divorce, you will need to start the divorce process from the beginning. This includes filing for divorce and filling out all of the required financial affidavits. However, many couples find that they are more prepared to handle these steps because their finances and lifestyles are more clearly separate after having lived as legally separated.
Deciding whether to move forward with a legal separation or a divorce is a significant decision, and one that should include experienced legal counsel. Contact our law office at 651-571-8547 to talk with an attorney today and schedule your consultation.
This article is for general informational purposes only and does not constitute legal advice. Contact TVA Law Office at 651-571-8547 to discuss your specific situation.
