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Legal Separations

Through Legal Separation, marital rights and financial responsibilities can be adjudicated without dissolving the marriage.  A judgment of legal separation does not terminate marital status.  Legal separation may be a viable alternative for persons who, for some reason or another, would like to continue marital status, but would like adjudication of financial issues with his or her spouse.  Typical reasons for choosing legal separation over dissolution include to retain eligibility for insurance benefits and to be in accordance with one’s religious beliefs.  Like dissolution, an action for legal separation conclusively determines each spouse’s property rights and financial responsibilities to each other, including determination of support and division of the community estate.  Once the judgment for legal separation is entered, the parties acquire no more community property and no obligations are imposed on either spouse except for those obligations as set forth in the judgment.  Unlike dissolution, the marriage bond remains intact and neither spouse can remarry until the existing marriage is dissolved either by death or judgment.

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