Simple Divorce Papers

Marriage separation is when one spouse leaves the other with or without the other’s consent, and with the intention of living separate and apart from the other spouse. If certain conditions are met, a couple can also separate while continuing to live together under the same roof.

You do not need to start any kind of legal proceeding to separate from your spouse, however, there are some reasons for doing so. A formal separation agreement or court order provides clarity and certainty regarding post-separation rights and responsibilities that an informal separation lacks. Often when a formal agreement or order is in place people a separation is referred to as a “legal separation”. Generally though, marriage separation is accomplished, in most cases, by simply leaving the family home with the intention of ending the marital relationship and residing elsewhere. Once you or your spouse has done this, you are separated.

As briefly mentioned above, a marriage separation is possible while the spouses remain under the same roof. Reasons people do this is because they cannot afford to live on their own, or they do not wish to leave their children, or simply disagree about who should be allowed to keep their home. It may be important to establish when a separation has begun, for example, to determine whether the required amount of time has passed before a divorce can be granted on grounds of separation.

For the courts to recognize a marriage separation when the spouses continue to reside together the couple must live by completely severing their marital relationship. This means sleeping in separate rooms, closing any joint bank accounts and opening separate ones, separately performing household chores, such as doing his/her own cooking and laundry, and not socializing outside of the home.

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