- Legally separated couples are still legally married.ring image by Jens Klingebiel from Fotolia.com
Connecticut's law Section 46b-67(b) states "A decree of legal separation shall have the effect of a decree dissolving marriage except that neither party shall be free to marry; ... a decree of separation does not affect the married status of the separated persons." The couple will still be legally married but can behave as though they are divorced. - Legal separation is helpful to couples in many different circumstances.tax forms image by Chad McDermott from Fotolia.com
There are several different advantages for a couple to file for legal separation instead of dissolution of marriage. For example, if the parties are religious, receive tax benefits, or receive medical benefits from each other's coverage plan, they can be legally separated while still keeping these benefits unlike if they were divorced. Also, legal separation makes the reunion of the couple much easier than a divorce. - Connecticut law provides several grounds for couples to file legal separation.couple fight image by Allen Penton from Fotolia.com
There are several grounds for legal separation of a couple in the state of Connecticut, including adultery, intolerable cruelty, abandonment, imprisonment or mental illness. If a couple is living apart from each other for a minimum of 18 months and do not believe reconciliation is in the future, one or both of the spouses may file for legal separation. - A declaration must be provided if the couple wishes to reunite.Documents image by GHz from Fotolia.com
Connecticut's law Section 46b-65 says if the couple reunites after filing for legal separation and later "files a written declaration of resumption," which is then "signed, acknowledged and witnessed, with the clerk of the Superior Court...the declaration shall be entered...and the decree shall be vacated and the complaint dismissed." The legal separation and any other papers filed with the court concerning the separation will be dismissed. However, if the couple reunites but no declaration is provided to the court as described above, the complaint will stay in effect and the "court shall enter the decree in the presence of the party seeking the dissolution." - The court will wait 90 days to six months before entering a decree.old calendar image by Allyson Ricketts from Fotolia.com
Under Connecticut law Section 46b-53, the court will wait 90 days after the original complaint for legal separation was filed with the court or after six months if a motion to delay proceedings has been filed. The court will continue with the proceedings based on the complaint filed. The judge will hear the case and enter a judgment or decree of legal separation.
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