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Marital separation occurs when spouses in a marriage stop living together without getting divorced. 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 ...
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.
Several states require that the couple must live apart for several months before being granted a divorce. [4] However, living apart is not accepted as grounds for a divorce in many states. [5] 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]
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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. Age of the parties at the time of the divorce
Massachusetts does not allow common law marriage so no matter how long a couple live together, cohabitation won't ever change into a marriage without performing a wedding ceremony." [99] [100] Historically, some people who separate after long periods of cohabitation have tried to obtain property rights or support by litigation. While palimony ...