Minnesota Legal Separation Lawyers & Attorneys
Legal separation is an option for individuals who do not want to be divorced but want the legal protection that comes with a divorce. In the legal separation, the parties divide all assets and debts, divide all property, arrange for custody of the children, and even determine child support and any spousal maintenance that will be involved. Property accrued after a legal separation is no longer considered marital property, and each party is responsible for any debts they personally incurred from that point forward. It is essentially the same as the divorce process, and costs the same amount of money to complete. However, the end result is that you are still legally married.
Legal separation is often confused with a separation, where the parties choose to live separate lives without court involvement. If a married couple chooses to maintain separate households and is able to agree on custody, the court does not have to play a role. This is frequently done on a trial basis before proceeding to a divorce.
A legal separation is an option for individuals who for religious or other reasons do not want to be divorced. Often it can be used if one spouse needs to remain on the insurance of the other and has no other option.
Often, individuals who begin the process as a legal separation end up completing it as a divorce. There are benefits to each process, and the individual’s goal really drives which process will be most successful in the end.
Filing For Legal Separation In Minnesota
Also, even though you may decide you want to proceed with a legal separation and start the process, your spouse may not agree with you and respond with a divorce action. The court will grant the divorce rather than a legal separation in that instance.
Benefits of Legal Separation:
- The parties remain married and can maintain some of the benefits that come from that union, such as health insurance coverage
- Individuals who do not believe in divorce for religious or personal reasons are able to remain true to their values and beliefs while leaving a situation that may not be healthy for them
Downfalls of a Legal Separation:
- The parties go through the entire process as they would for a divorce, but do not have the finality of it
- If a divorce is desired by either party later on for any reason, the parties will have to complete the divorce process, including paying all fees
The family law attorneys at GH&L are here to help you through this process. Contact our Minnesota family law firm today to see how we can help you. It often can become overwhelming and difficult to handle without the assistance of professionals. We are here to help guide you through the process, and we will make sure that you understand every step of the way. Call today for a free consultation in either of our twin cities locations, Maplewood or Edina. Call us today to schedule a free consultation with an experienced Minneapolis, Minnesota divorce lawyer or attorney at 952-921-5890 or 651-777-1811.