Legal Separation
The process of separation is different for everyone, especially if children are involved. Our family law attorneys will walk you through everything you need to consider when separating to protect your children and your finances. We will help you understand and protect your rights, as well as your obligations.
What Does it Mean to be Legally Separated?
Practically speaking, separation is when you no longer share a bedroom with your soon-to-be-former spouse. You do not need to file a case or any other document in order to physically separate or to be considered separated.
In fact, the courts in Maryland, the District of Columbia, and Virginia do not grant or recognize legal separations. However, some jurisdictions still consider the date of separation in certain circumstances.
Why Seek Legal Separation?
Courts in Maryland, DC, and Virginia do not grant or recognize legal separations. That said, separation can still be an important part of the divorce process, and what constitutes separation differs from jurisdiction to jurisdiction.
Can You File For Separation?
You cannot file for legal separation in Maryland, DC, or Virginia. In all three jurisdictions, when you file, it will be for divorce, often referred to as an absolute divorce.
Legal Separation vs. Divorce
While many jurisdictions used to recognize legal separations or other types of divorce (such as a limited divorce), courts in Maryland, DC, and Virginia do not recognize them and can’t award them. When you file, it will be for a divorce.
Consult With a Trusted Divorce Attorney
Lerch Early’s family law attorneys will guide you through the process of separation, focusing on the best interests of you and your children.