Minnesota Legal Separation Attorney

A legal separation is very similar to a divorce.  The main difference is that, while a marital dissolution (divorce) completely terminates the marital status of the parties, a decree of legal separation does not terminate that legal status. Legal separation is an alternative to divorce for those who need to be separated from their spouse but, for religious, moral, financial or insurance purposes, do not want a divorce. The parties may get divorced at a later date but, until then, they remain married.

Issues Involved in a Legal Separation

Parties in a legal separation must resolve most of the same  issues involved in a divorce, including child custody, child support, parenting time, spousal maintenance (alimony) payments, and the division of property and debts.  Again, a legal separation is much like a divorce, except that the marital relationship is not dissolved.

Procedure for Legal Separation

The procedure for filing for legal separation is similar to filing for a divorce. As in a divorce, you will meet with a qualified Minnesota lawyer, provide  documentation pertaining to your children, real estate and other assets, debts, etc. You attorney will then file a petition with the District Court and serve a copy of the petition on your spouse.  Like a divorce, a legal separation may be contested or uncontested.  If you and your spouse can agree on the terms of your separation, your attorney will prepare and file a proposed decree for the court to enter that sets forth your agreement.  If you cannot agree, the matter may continue to trial. The time and costs involved are much the same as in a divorce .

Separation vs. Legal Separation

Legal separation should not be confused with separation. You and your spouse may be ‘separated’ simply by living apart.  A ‘legal separation’ is a legal proceeding with legal effects which requires a decree from the court.  However, as a practical matter, many of the issues that must be resolved in a divorce or legal separation arise at the time the parties separate, such as custody and care of minor children, use of the marital home, financial support and payment of bills. Because of this, couples who choose to separate should contact a lawyer to discuss these issues.

Free Consultation and Sound Legal Advice

If you are currently separated or looking into legal separation, or if you simply want more information about legal separation and the divorce process, contact Myles A. Schneider & Associates, Ltd. at 763-315-1100 or by e-mail to schedule a free consultation.

Minnesota Divorce Lawyer & Attorney

Myles A. Schneider & Associates, Ltd. represent clients from throughout the areas of Minneapolis, St.Paul, MN or anywhere in the whole Twin Cities area – Saint Paul, MN Mpls, Anoka, Apple Valley, Andover, Blaine, Bloomington, Brooklyn Center, Brooklyn Park, Burnsville, Champlin, Chanhassen, Columbia Heights, Coon Rapids, Cottage Grove, Crystal, Eagan, Eden Prairie, Edina, Excelsior, Falcon Heights, Farmington,  Forest Lake, Fridley, Golden Valley, Hastings, Hopkins, Inver Grove Heights, Lake Elmo, Lakeville, Lino Lakes, Little Canada, Long Lake, Mahtomedi, Maple Grove, Maplewood, Mendota Heights, Minneapolis, Minnetonka, Mounds View, New Hope, North St. Paul, Oakdale, Plymouth, Prior Lake, Richfield, Robbinsdale, Rogers, Rosemount, Roseville, St. Anthony, St. Louis Park, Savage, Shakopee, Shoreview, South St. Paul, Spring Lake Park, Stillwater, Vadnais Heights, West St. Paul, White Bear Lake, and Woodbury, MN – Minnesota.