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Legal separation (sometimes judicial separation, separate maintenance, divorce a mensa et thoro, or divorce from bed-and-board) is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order.
A separation is a legal process in which you remain married but divide up many of your assets and responsibilities. A divorce is a legal process in which you dissolve the marriage entirely.
Married couples may separate as an initial step in the divorce process or to gain perspective on the marriage and determine whether divorce is warranted. Other couples may separate as an alternative to divorce for economic or religious reasons, for tax purposes, or to ensure continuing retirement and/or health insurance benefits for both spouses.
Time separated while still married In some states, separation is a triggering event, recognized as the end of the term of the marriage. Other states do not recognize separation or legal separation. In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage.
Through a bifurcated judgment — a case separated into multiple phases — Jolie could legally restore her last name to "Jolie" instead of "Jolie Pitt" before becoming officially divorced.
In the United States married couples are allowed to end a marriage by filing for a divorce on the grounds of either fault or no fault. [6] In the past, most states only granted divorces on fault grounds, but today all states have adopted the no fault divorce. [7] Fault and no-fault divorces each require that specific grounds be met. [8]