Family Law Facts

Even if you have not signed anything, you may be legally separated from your spouse!

You are legally separated if:

  • The relationship has broken down and there is no reasonable prospect of reconciliation
  • If spouses have been living apart and there is no reasonable prospect that the spouses will resume cohabitation
  • You continue to reside in the same home, but live “separate and apart”

While people often confuse separation with divorce, a divorce is a procedural formality that generally comes after the spouses have resolved the issues arising from the marriage breakdown. The spouses need to be separated for at least a year before they can proceed with a divorce.

To learn more, please contact our Family Law Partner, Melanie Battaglia.