What is legal separation?
Legal separation is the process through which couples are legally separated while still legally married. The parties can decide on issues such as property division, spousal support, child support and child custody. However, , they cannot remarry or enter into a domestic partnership. One can only remarry if the status of the marriage has been terminated, i.e. there is entry of judgment terminating the status of the marriage.
Why should I proceed with legal separation instead of divorce?
Legal separation is for couples who do not want to get divorced, but want to live apart and decide on property, child custody and child and spousal support issues. Some couples cannot or prefer not to get divorced for religious reasons. Thus, legal separation provides an option to decide on property and custody issues without being legally divorced.