A legal separation involves all the issues in a divorce except the marriage does not end. The couple remains married until the parties go through a divorce if one or both wants to end the marriage. Should the parties wish to divorce, the terms of the legal separation are put aside and all the issues of legal and physical custody of the children, spousal maintenance, division of debts, and so on, must be resolved yet again but this time on a permanent basis.
COMMON QUESTIONS ABOUT LEGAL SEPARATION
What is legal separation?
In Minnesota, legal separation is a court process when one person in a marriage decides to make a major change and wants to live separate lives from the other spouse yet remain married. One of the spouses completes and files documents in a court saying he or she wants to legally be apart. At least one court hearing is necessary. In this sort of case, the parties divide the marital assets and debts and address legal custody, physical child custody, and parenting time as they live separate lives.
A legal separation does not divorce the parties, however. They remain married.
How to get a legal separation in Minnesota?
This is one court process that requires an attorney because the Minnesota court system does not provide forms for a couple to begin and complete a legal separation on their own. A person considering a legal separation should consult with a family law attorney to discuss whether a legal separation is the best legal choice and how to be best legally positioned because most legal separations eventually lead to a divorce.
How to legally separate?
A legal separation requires retaining a divorce attorney to complete all the documents necessary for a legal separation to occur. There is one mandatory court hearing for a judge to discuss with the couple how they to legally separate. One spouse may want a legal separation and the other spouse wants a divorce instead. In this case, the legal separation becomes a divorce case. In another scenario, should one spouse contest being legally separated, a judge may not allow the legal separation to occur because there is no mutual agreement to be apart legally. This legal process is best done when the spouses each agree to it and its terms.
Occasionally a legally separated couple continues living together. More often than not they live apart with new significant others.
What is the difference between legal separation and divorce?
There is one very significant difference – divorce is a court process that ends a marriage while a legal separation is a court process that divides marital assets and debts, details the couple’s agreement about custody and parenting time of their children so they can live separate lives, but the marriage continues and does not end.
How much does legal separation cost?
The cost of a legal separation is similar to the cost of a divorce. Both require a court filing fee. Both require legal documents to start and finish the legal case. A couple may opt to attend mediation to reach an agreement in both situations.
How long can you be legally separated?
There is no timeline in Minnesota. Once a judge grants a legal separation, it is indefinite.
Can you date someone if you’re legally separated?
Yes. There is no legal requirement in Minnesota prohibiting a legally separated person dating people or even being in a serious relationship and living with that new significant other. There cannot be a new marriage to the new significant other without a divorce taking place. It is illegal to be knowingly married to two people at the same time.
Can I change the reason for legal separation?
Yes, a person can change the reason why he or she wants a legal separation if the judge has not signed the final order granting a legal separation. However, once a judge signs an order finalizing a legal separation then the reason or reasons for it no longer matters because the legal case is concluded.
How do I change the reason for legal separation?
In Minnesota, the person initiating the legal separation would need to file an Amended Petition for Legal Separation, one of the two forms that initiate this sort of court case, before the judge signs the final order granting the legal separation. The reason for a legal separation no longer matters when it is done.