Legal Separation

Minneapolis Legal Separation Attorneys

Helping Clients in Minnesota Get Through This Process with Dignity

A legal separation is a process that is similar to a divorce, but is not quite the same. While a legal separation does not end a marriage, it often serves as the first step toward a divorce. Our firm helps people in Minnesota navigate the legal process of a legal separation and divorce.

Our lawyers understand the many emotions that are involved when dealing with a separation or divorce, and we are sensitive to the impact it can have on you and your family. We work hard to minimize the stress and anxiety that often comes with these legal issues, and we do our best to help you reach an amicable resolution with your spouse.

Contact us at (866) 484-4079 to learn more about how we can help you.

What Are the Reasons Someone Might Choose Legal Separation Over Divorce?

There are several reasons individuals in Minneapolis might choose legal separation instead of divorce. Some couples opt for legal separation due to religious or cultural beliefs that discourage divorce. Legal separation allows them to live apart while preserving the marital relationship. Others may seek legal separation for financial reasons, such as retaining certain benefits like health insurance, which might be lost after divorce. 

Additionally, some couples may be uncertain about permanently ending their marriage but need time apart to assess the future of their relationship. In these cases, legal separation offers a way to establish important arrangements regarding child custody, support, and property division without severing the marital bond. Legal separation can also provide emotional or practical space for couples who need a structured, formal agreement while deciding if divorce is the right option in the long term.

The Legal Separation Process

Legal separations are very similar to divorces, but there are some key differences. One of the main differences is that in a divorce, the parties are no longer obligated to live together, while in a legal separation, they are required to continue to live together. Another difference is that during a legal separation, the parties may not legally remarry, while they may during a divorce.

In Minnesota, a legal separation can be granted by a judge if the following requirements are met:

  • The spouses must agree that a legal separation is necessary
  • The spouses must agree on how their property and debts will be divided if they don't wish to remain married
  • The spouses must agree on how their children will be cared for, educated, and supported if they don't wish to remain married

If you and your spouse cannot agree on these issues, then you will need to file for a divorce. If you are considering a legal separation from your spouse, we can help you determine what your options are and how to proceed.

Contact our Minneapolis legal separation attorney by calling (866) 484-4079 today!

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Brian is the only lawyer so ranked in Minnesota who is also a diplomate in the American College of Family Trial Lawyers, a by-invitation only group of 100 of the top family trial lawyers in the American Academy of Matrimonial Lawyers, an equally select group of the top family lawyers in the nation. Get his experience on your side today.
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Judicial Separations vs. Legal Separations

While a legal separation does not end a marriage, it does create a legal separation of the parties. In some cases, a couple may want to pursue a judicial separation, which is a legal separation that is decided by a judge. A judicial separation is often granted when one spouse has committed extreme cruelty against the other spouse, or if one spouse is abusing drugs or alcohol.

Judicial separations can also be granted in situations where one spouse is found to be physically or mentally incapacitated so that they cannot manage their own affairs, or if one spouse is convicted of a felony. A judicial separation can be granted if the spouses cannot agree on issues such as:

A judicial separation does not end a marriage, but it does allow the parties to legally separate from each other and stop sharing a household. Legal separations and judicial separations are often the first step toward a divorce.

Understanding Separation Agreements in Minneapolis

In Minneapolis, navigating the complexities of separation agreements can be challenging, especially when local laws and regulations come into play. The city is home to various resources, including the Minneapolis City Attorney's Office and the Hennepin County Government, which provide valuable information on family law matters. These entities can help you understand your rights and responsibilities during a separation.

Many residents face common pain points when considering separation agreements, such as uncertainty about child custody arrangements, spousal support, and property division. The emotional toll of these decisions can be overwhelming, particularly in a vibrant community like Minneapolis, where families often have deep roots. Understanding the local legal landscape can help alleviate some of this stress.

For couples in neighborhoods like Uptown or Northeast Minneapolis, the decision to pursue a judicial separation may arise from serious issues such as domestic violence or substance abuse. In these cases, it’s crucial to seek guidance from local resources that can provide support and legal advice tailored to your situation. A judicial separation can serve as a critical step in addressing these issues while allowing you to maintain some legal protections.

As you consider your options, remember that a separation agreement can pave the way for a smoother transition, whether you ultimately decide to reconcile or move forward with a divorce. Engaging with local professionals who understand the unique challenges faced by Minneapolis residents can make a significant difference in your journey.

Commonly Asked Questions

Can a judicial separation lead to divorce, and how does that process work?

Yes, a judicial separation can be a precursor to divorce. When couples find themselves unable to reconcile their differences during a judicial separation, they may choose to proceed with divorce proceedings. The judicial separation allows for the resolution of key issues such as property division and spousal support, which can streamline the divorce process. 

What should I consider when deciding between a judicial separation and a legal separation?

When deciding between a judicial separation and a legal separation, several factors should be taken into account. First, consider the nature of your marital issues; if there are serious concerns such as abuse or incapacity, a judicial separation may be more appropriate. Additionally, think about your long-term goals—if you are uncertain about divorce, a legal separation can provide a temporary solution while you assess your situation.  Consulting with a knowledgeable professional in Minneapolis can help clarify these options and guide you toward the best-suited decision for your circumstances.

Testimonials

Read What Satisfied Clients Say About Working with Brian
    “I cannot say enough as to the caring and zealous help Brian gave to me and my family.”
    “Brian was tenacious in helping me protect my children and was able to uncover our finances to allow us to ultimately reach a fair division of our property and a fair award of support for me and my children.”
    - Megan C.
    “Brian, is not just a lawyer but a miracle worker as well.”
    “His work is nothing but extraordinary. What he did for my friend was impossible to even think could be done. Brian did what he would do for his own family.”
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    “Brian has guided my wife and I, plus extended family members, through some challenging times.”
    “His knowledge in a variety of legal aspects is unparalleled. We feel fortunate to have his representation.”
    - Jeff
    “Brian was efficient, respectful, knowledgeable, personable and wonderful.”
    “He made the process of the ordeal as good as it could have been, including the outcome. I would recommend Brian to anyone, who wants an exceptional professional and advocate to represent them in a legal matter.”
    - Former Client
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    “After Brian negotiated my divorce settlement, my ex-husband, surprisingly, delivered the highest compliment, stating "Brian was brilliant."”
    - Barbara
    “It was tough, but Brian met all of my expectations.”
    “During the past three years Brian helped me through a bitterly contested family law matter.”
    - David
    “I highly recommend Brian Sobol for contentious custody cases especially when opposing counsel is outrageous.”
    “Brian Sobol is methodical in his approach. It takes a long time to move through the family court process but I can sit back now and relax. A highly skilled professional will argue the law and fight for me to see my kids.”
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How Long Does a Legal Separation Take?

It depends on the specific situation. Some legal separations can be finalized in as few as three weeks, while others can take several months. It all depends on the circumstances of the case. We can help you determine how long it will likely take to finalize your legal separation.

Ready for Legal Separation? Contact Our Minneapolis Attorneys Now

At Sobol Family Law, we understand that getting a legal separation is often the first step toward a divorce. We can help you navigate the legal process, and we can help you minimize the stress and anxiety that comes with such a difficult decision.

Contact us at (866) 484-4079 to learn more about how we can help.