Is a Legal Separation Right For You?

In the legal context, Section 36-4-102 allows a person who has grounds for divorce to instead file for a legal separation, sometimes known as “divorce from bed and board.” If the other party does not object, the court is required to declare the couple legally separated. Even if a legal separation is granted, either party can seek an absolute divorce after two years. This means that legal separation cannot be used as a way to avoid divorce indefinitely.

You might want a legal separation instead of a divorce for several reasons:

1. Reconciliation: If there’s a possibility of reconciliation, a legal separation allows time for that while maintaining certain legal boundaries.
2. Financial Considerations: Legal separation might allow one spouse to maintain benefits like health insurance, which could be lost in a divorce.
3. Religious or Moral Beliefs: Some individuals may prefer legal separation due to religious beliefs that discourage divorce.
4. Trial Period: It provides a trial period to live apart and assess whether divorce is the right decision without fully ending the marriage.

However, the court has discretion in determining whether to grant legal separation or divorce, particularly if one party requests divorce instead. If there’s little chance of reconciliation, the court may prefer to grant a divorce and divide the marital property.