A legal separation is a document signed by both spouses and approved by the court detailing the rights and responsibilities of each spouse while living apart. Unlike a divorce, a legal separation does not end the marriage. However, your separation agreement should address all of the issues covered in a divorce.
A legal separation can protect your interests while you decide whether or not to file for divorce. It also sets a precedent for the upcoming divorce, should you decide to follow through with the process. If you choose to divorce, a judge will frequently follow the stipulations established in the separation agreement when deciding on issues for your divorce settlement. Therefore, it is important to make sure that your attorney drafts a separation agreement that reflects your best interests.
It is important to note that when filing for legal separation under Kentucky law, once a decree of legal separation is entered, the parties are required to stay legally separated for at least one year before proceeding with a divorce. There may be a better option for you. Call or contact Hoffman Walker & Smith to schedule a consultation and discuss this issue in more detail if you are considering a legal separation in Northern Kentucky.