Legal separation ends the obligation for spouses to live together without dissolving the marriage itself. It allows legally married couples to live apart without getting divorced.
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| Everything You Need to Know About Legal Separation |
Legal separation can be granted through mutual consent, due to fault, upon accepted request, or due to the breakdown of the marital relationship. It’s recommended to consult a family law attorney or a divorce lawyer before starting the process.
What Is Legal Separation?
Legal separation is a formal procedure, just like divorce, that grants couples the right to live separately without ending their marriage. It's a solution for spouses who want to take time apart and prepare for a potential divorce but don’t want to terminate their marriage immediately.
This process applies only to married couples, regardless of their marital regime. Separation is often seen as an alternative to divorce, particularly for those who aren't ready for that step. Since 2017, the rate of legal separations has risen, alongside divorces.
While separated, spouses can choose to reunite at any time, but it’s important to note that legal separation does not allow remarriage.
What Are the Reasons for Legal Separation?
The request for legal separation can be based on:
- Mutual consent: This requires an agreement between both spouses and is formalized through the court.
- Acceptance: One spouse unilaterally agrees to the separation request.
- Breakdown of the marital relationship: This occurs after a two-year separation.
- Fault: The judge evaluates whether one spouse’s behavior justifies the legal separation.
What Is the Process for Legal Separation?
One thing is certain—having a lawyer is mandatory in legal separation cases. The lawyer helps the spouses submit a request to the family court judge in the judicial court of their place of residence. The process of legal separation is similar to that of divorce.
- Reconciliation attempt: The family court judge (JAF) first meets with the spouses individually, then together. The judge determines if suspending the procedure and initiating a reconciliation process is necessary. This suspension can last up to six months following the filing of the separation request. If reconciliation fails, the judge issues a non-reconciliation order, which is required to proceed with the legal separation.
- Provisional measures: The judge will put temporary measures in place to govern the lives of the spouses and their children during the separation process.
- Counterclaim: One spouse may request legal separation in response to a divorce request filed by the other spouse.
This process allows couples time and space to reflect on their marriage without immediately opting for divorce, offering a structured way to handle living apart while maintaining some legal bonds.
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