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Is Legal Separation an Option in Connecticut?

Understanding what separation really means

Every couple, every marriage and every break-up are different. If you and your spouse are unhappy with your marriage, you might be considering a legal separation. However, what does that really mean? Legal separation is a process similar to divorce. If you and your spouse need time apart, and one of you moves out, you are living separately, but are not legally separated. The Law Offices of H. Dyke N. Spear, Jr. offers you experienced counsel on the advantages and disadvantages for your particular case.

Considering the differences, understanding the similarities

For their own reasons, some couples remain married rather than divorce, even though they no longer want to live together. Some choose this option for religious reasons or because of insurance plans. Many couples choose separation as a path toward divorce. Or, sometimes a legal separation can provide the space necessary for reconciliation.

Because obtaining a legal separation in Connecticut is so similar to obtaining a divorce, we offer you experienced advice about all your options when you have questions about legal separation and divorce. Consider these points:

  • The issues discussed and decided during legal separation and divorces are the same ― child custody, property division, child support and alimony.
  • It takes about the same time to obtain a legal separation as a divorce, and the action is filed in the same court.
  • You do not need a legal separation before you get divorced, but a divorce is often largely based on the legal separation agreement.
  • Unlike a divorce, a legal separation can be reversed if both parties wish to reconcile. A divorce is a permanent action and cannot be undone except by remarriage. Either party can move to convert a legal separation to a divorce action.
  • Upon achieving a legal separation, neither party is single. Under a separation agreement, neither party can remarry. However, when a divorce decree is entered, the marriage is dissolved. Each party is single and free to remarry.
  • When a divorce is entered, employer-sponsored medical plans immediately exclude the divorced spouse. With legal separation, medical insurance can often be maintained, but is not guaranteed.

Each couple has reasons and objectives for dissolution or separation. The Law Offices of H. Dyke N. Spear, Jr. provides straightforward advice and high quality legal service if you are considering either.

Knowledgeable legal assistance in Connecticut

Serving Connecticut clients in Hartford and Tolland counties from offices in West Hartford, The Law Offices of H. Dyke N. Spear, Jr. offers you experienced advice about legal separation, divorce and other family law matters. To schedule a free half-hour consultation, contact us or call 860.470.3296.