Separation

A legal term that refers to John and Mary's agreement to live apart although they are married. They may enter into an agreement about all aspects of their separation.
Note: if John or Mary later breaches their agreement, the court will treat it as a breach of contract.

Legal Separation

A legal term that refers to a court order. If John and Mary cannot agree on terms of a separation, either of them may sue the other in court. If the court orders the terms of separation, the order is a "legal separation." It may also be called a "temporary order.”
Note: if John or Mary later breaches this order, the breach will be treated as contempt of court.

Desertion or Abandonment

The legal result of John's or Mary's leaving the other without an agreement between them. Desertion is a ground, or legal cause, of fault divorce. Check state law, as each has a different description of what constitutes desertion.

Remember that laws of marriage and divorce are established by the states because of the Tenth Amendment to the Constitution. These amendment reserves to the state or people all powers not delegated by the Constitution to the federal government. There is no federal marriage and divorce law.

Parenting/Child Custody

Marriage

Splitting Up

Divorce, Dissolusion and Annulment

Issues in Divorce / Dissolusion Action