Attorney Genelle Johnson provides a basic guide to legal separation. She outlines the positives and negatives of a legal separation compared to a divorce.

For more information on what type of a divorce best fits your situation, check out our Divorce Laws article:
Wisconsin –
Illinois –

▬ Contents of this video ▬▬▬▬▬▬▬▬▬▬

0:00 – How to Get A Legal Separation in Wisconsin
0:24 – How Does a Legal Separation Differ From a Divorce?
1:30 – Legal Separation Can Be Converted to Divorce in First Year
2:09 – Does A Legal Separation Protect You Financially?
3:22 – When Is Legal Separation Appropriate?

Genelle explains the procedural similarities between divorce and legal separation. Both require the same paperwork, follow the same process, and adhere to the same timelines.

The main difference is that divorce means you have legally dissolved your marriage whereas, in a legal separation, even though all the other remedies are available, your marriage remains legal.

Legal separation CAN protect you financially, but it may not always be the appropriate remedy. Legal separation is an optimal solution when parties would like to remain married for religious reasons and at times, for tax reasons or health insurance reasons. However, Genelle advises that you confirm this with your health provider prior to entry of the judgement.

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Legal separation is a concept that often confuses many people. Some people often consider it a step towards divorce or a form of divorce itself. But it is not. Legal separation is different from divorce, and it is crucial to understand it before making any decision.

Legal separation is a legal process that enables legally married couples to separate their lives without getting a divorce. It is an agreement made between the parties, which outlines how they will divide their lives, assets, and custody of children. Legal separation is not a divorce; it does not end a marriage. Instead, it is a way for couples to live apart without legally ending their marriage.

Legal separation is an option for couples who are considering divorce but are not ready to end their marriage. It is also beneficial when a couple wants to live apart but is not allowed to get a divorce due to their religious or personal beliefs. Legal separation can also be a way for a couple to take time to work on their relationship before making a final decision.

Legal separation is governed by state laws, and the procedure may vary depending on where you live. However, there are some common steps a couple must follow when getting legally separated.

Firstly, both parties must agree to the separation. Legal separation is not possible if one spouse does not consent to the agreement. After that, the couple may have to file a petition with the court in their state. The petition must include details about the separation, including child custody, property division, and spousal support.

Once the petition is filed, the court will hold a hearing, and the couple will have to present their case to the judge. The judge will review the agreement and approve it if it is fair and reasonable. The court will then issue a legal separation order, which outlines the term, conditions, and rights of both parties.

Like divorce, legal separation may involve issues like child custody, child support, property division, and spousal support. Child custody and support are crucial and central issues in legal separation. The couple should decide on the care of their children, including how they will provide support and visitation rights.

The division of property can be either equitable distribution or community property depending on the state of residence. Equitable distribution means each spouse keeps any property they acquired before the marriage, and any assets acquired during the marriage gets split between them. Community property, on the other hand, means that all property obtained during the marriage is split equally.

Spousal support is also an essential issue in legal separation. The court will determine if one spouse will provide support to the other. Spousal support is typically awarded to the lower-earning spouse to ensure they can maintain their lifestyle after separation.

In conclusion, legal separation is a unique way for couples who are experiencing marital problems to separate their lives without divorce. Legal separation can be a helpful tool to determine if one can work out their issues or decide whether to file for a divorce. It is essential to know your state laws and seek legal advice before starting the process of legal separation. It can help you understand the options available to you and ensure that your legal rights are protected.