Facing severe marital difficulties does not always have to lead to divorce. In Connecticut, legal separation is an alternative way for couples to live apart under court-ordered arrangements regarding child custody, financial support and property division.

Couples might choose legal separation over divorce for varied reasons. Sometimes, spouses benefit financially from remaining married. They may need marriage to retain access to health insurance plans, military benefits or Social Security benefits. Additionally, some religions disfavor or prohibit divorce, while separation is an acceptable alternative. Tax benefits can come into play, as legally separated couples can still file jointly and take advantage of deductions available to married individuals.

Perhaps the most unique advantage of legal separation is the potential for reconciliation. Unlike divorce, which permanently severs the marital bond, separation allows couples to work on repairing their relationship while having separate legal and financial arrangements in place. The period of separation can offer much-needed space and an opportunity for reconsidering the relationship.

Lastly, a legal separation can easily be converted later on into a marriage dissolution based on the same grounds and terms. 

In Connecticut, a legal separation is available if one of the spouses has lived in the state for at least 12 months. The process begins with one spouse filing a complaint with the court. This document must set forth a legal ground for separation. Connecticut recognizes both no-fault and fault-based grounds, but the usual choice for separation is no-fault grounds, simply stating that the marital relationship is irretrievably broken down. 

Once the complaint is filed, the mandatory 90-day waiting period must be observed. This time period provides an opportunity for the couple to negotiate the terms of their separation. Issues like child custody and support, property division and spousal maintenance (alimony) should be addressed during this time. If the couple reaches an agreement, they can present it to the court for adoption. If no agreement is reached within the waiting period, the court will hold hearings to gather evidence and make decisions on contested issues. 

Once the court approves the separation agreement or makes its own decisions, it will issue a decree of legal separation. The spouses can remain separated indefinitely or can later choose to end the separation or to dissolve the marriage. They can file a declaration that they no longer wish to be legally separated, in which case the court can vacate the separation decree. Alternatively, either spouse can petition the court for a decree of marriage dissolution. The court will review the original separation agreement and, if found to be fair and equitable, will incorporate it into the dissolution decree.

The decision to pursue a legal separation requires careful consideration. An experienced family law attorney can guide you through the process and ensure your rights are protected.

The O'Neil Law Firm proudly serves people throughout Hartford, Middlesex and Tolland counties in legal separation cases. For a free initial consultation, call 866-418-7593 or contact us online.