Also known as: a mensa et thoro · judicial separation · legal separation
Written by attorneys · grounded in primary & secondary sources — see below
A judicial decree that separates spouses from bed and board. The decree permits the parties to live apart while the marriage remains legally intact and often includes orders for support and property division.
Felicity French stopped contributing to household expenses after an argument and moved into a separate apartment. Flora Ford petitioned the court for separate maintenance, showing her limited income and the children's needs. The court ordered support based on Flora's need and Felicity's ability to pay, recognizing the ongoing marital duty even without a divorce filing.
Francisco Frost and Faye Fuller agreed to arbitrate all marital disputes, including possible legal separation. When Francisco sought an arbitral decree of separation, the arbitrator declined because the statute bars any award granting legal separation. The parties were directed to court for that relief while other financial issues remained arbitrable.
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Fiona Foster filed a verified petition alleging the marriage was irretrievably broken and requesting legal separation. The petition included each party's age, occupation, residence, and the date and place of the marriage. The court accepted the filing and scheduled a hearing on temporary support.
Francesca Fowler sought legal separation from Frontier Capital's founder Freeman Engineering. The court assigned each spouse's separate property to its owner and divided the community property in just proportions after considering the duration of the marriage and each party's contributions.
Flora Ford petitioned for legal separation from Francisco Frost. The court equitably apportioned all property and assets acquired during the marriage, taking into account the parties' ages, health, incomes, and homemaker contributions without regard to marital misconduct.
Faye Fuller obtained a decree of legal separation. When Freeman Engineering appealed only the property division, the separation itself became final immediately. Faye was free to live apart and seek support enforcement while the appeal proceeded.
A decree from bed and board permits spouses to live apart while the marriage remains intact. Courts may order alimony, child support, and property division based on need and ability to pay.
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No. The act expressly prohibits an arbitrator from granting a legal separation, divorce, dissolution, or annulment. Those status changes remain the exclusive province of a court.
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The verified petition must allege that the marriage is irretrievably broken and must set forth each party's age, occupation, residence, length of residence, and the date and place of the marriage.
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The court assigns each spouse's separate property to that spouse and divides community property in just proportions after considering the duration of the marriage, contributions of each party, and other relevant factors without regard to marital misconduct.
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A decree of legal separation is final when entered, subject only to the right of appeal. An appeal that does not challenge the separation itself does not delay its finality.
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…in pertinent part: "(1) No license shall be issued to any person who is or has been a party to an action for divorce or legal separation in this state or elsewhere unless the court in the action for divorce or legal separation has granted permission to marry. The court may grant permission to marry only if it finds that the…