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Legal Separation

A party who either can’t file for divorce because he or she does not meet the residency requirements or does not wish to end the marriage for a reasons may file a Legal Separation. The judicial officer can make orders for child support and/or spousal support, custody and visitation, and division of property, however the parties remain legally married, although they may be living apart.  The only difference between this and a divorce is that the parties are not free to remarry.  Some reasons for doing a legal separation instead of a divorce are to "soften the blow" of a divorce, for religious reasons, to remain on a spouse's health insurance, or to separate finances if one of the parties is financially irresponsible.  The same paperwork is used as for a divorce:  Instructions to start your Legal Separation

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