Marriage Separation and Consequences

A couple can seek legal separation (separate maintenance) by a court or informal separation, which eliminates costly expenses, including attorney and court costs. During time of separation, a couple can either reconcile any differences or may proceed onto the next step seeking a legal divorce. Most states require a couple legally separated by residing in different location at all times, which does not include separate bedrooms in the same house. A couple living apart does not constitute a legal separation. Some countries or states require a prerequisite of a legal separation for period of time, before filing for a legal divorce. Some couples can resolve their difference mutually during a separation by written agreement, which is drafted by a lawyer. However, desertion is different from a separation, which is recognized by courts, when one of the parties leaves without the intention of returning. Contrary, "Constructive desertion" occurs when one of the parties, forces the other person to leave. In such a situation, a court does not penalize a defendant for leaving, for their own protection or that of a child.