Legal Question in Family Law in Arkansas

Is there such thing as a legal seperation? If so how does it work?


Asked on 7/26/10, 12:48 pm

1 Answer from Attorneys

Butch Hale Hale and Young

Yes. A legal separation is when the court separates you and your husband without a divorce. It's the hope that this time apart will give you a cooling off period and maybe reconcile. One benefit of a legal separation is that medical insurance continues since there is no divorce.

The process is just like a divorce since you file papers and go to court. The difference is that neither of you can re-marry while the case is pending. If the separation does not work out then the pleadings you filed with the court are amended and you ask the court to start a divorce case.

Therein lies the problem. Since a divorce can be dismissed at any time why not file for a divorce and save the extra legal fees.

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Answered on 7/27/10, 8:14 am


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