Separation means living apart. If two spouses separate they will need to make arrangements for the living arrangements, care, visitation and support of their children.
Other issues that need to be addressed include financial support of the family and payment of bills. A mediator or lawyer can help you and your spouse reach an agreement on these issues. Separating from your spouse can affect legal rights. It is best to talk to a lawyer before you separate.
Obtaining a Legal Separation from the Court is a major change in the status of your marriage. To obtain a legal separation you must file a petition in Family Court. This is a separate process from a divorce and does not lead to a divorce. The process is usually just as long and costly as a divorce.
The difference is that a legal separation will address many of the same issues as a divorce such as custody and support of the children, however the issues of permanent division of the family assets and debts are not divided and a divorce is not awarded.
You will still be married and the wife may not resume using her former name. If you want a divorce at a later time, you will have to start a new court process for the divorce.
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