legal separation

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Legal separation (sometimes "judicial separation", "separate maintenance", "divorce a mensa et thoro" or "divorce from bed-and-board") is a legal process by which a married couple may formalise a de facto separation whilst remaining legally married. A couple may obtain a legal separation, as an alternative to divorce, based on moral or religious objections to divorce.

Legal separation does not automatically lead to divorce. A couple may reconcile, in which case they need do nothing in order to remain married. If they do not reconcile, and wish to divorce, they must file for divorce explicitly.

A mensa et thoro

A mensa et thoro is a Latin phrase which means “from table and bed,” although it is often translated as “from bed and board.” a mensa et thoro is essentially a court-sanctioned separation, meaning that the spouses may legally live apart, but they are still legally married. The legitimacy of children in the marriage remains intact, and the spouses may not remarry. This type of divorce allows the couple to live apart without fear of being taken to court for desertion.

There are several reasons why a couple might seek a mensa et thoro separation. In some regions, it can be difficult to get a full divorce, but if the spouses are already separated a mensa et thoro, the judge may decide to grant a full divorce. When the burden of proof requirements are difficult to meet, the a mensa et thoro ruling gives the couple a place on the court's schedule when they file for a full divorce, by showing that they are serious about their separation.

Sometimes, a mensa et thoro divorce is used when one partner is extremely abusive, keeping the marriage legitimate while the couple is separated; it may give them a chance to work out the problems in their relationship while living in legally sanctioned separate dwellings. Spouses may also request an a mensa et thoro to protect themselves from accusations of desertion or abandonment.

United States

In the United States, issues that can be addressed in a separation agreement include division of assets and debts, child custody and support, visitation schedules, alimony, etc. Almost all states except Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas recognize a legal documentation of separation.^[1]

Other countries

In some jurisdictions - such as Italy^[2] - a period of legal separation is required before a decree of divorce can be made and may be considered as part of the divorce procedure.

See also

• Relationship counselling
• Family therapy

Notes

External Links

• Relationship Advice, Relationship Advice