The Family Law attorneys at Best & Flanagan work with clients to understand the differences between a Decree of Legal Separation and a Decree of Dissolution of Marriage, as well as assist in determining which course of action best meets their needs. Under Minnesota law, a legal separation is a determination by the court of the rights and responsibilities of husbands and wives that arise out of the martial relationship. A Decree of Legal Separation does not terminate the marriage between the parties, but will divide family assets and debts and may resolve issues relating to custody, parenting time, child support and spousal maintenance. If either the husband or wife later decides to end the marriage, he or she would then need to file for divorce.

In order to obtain a legal separation, a formal petition must be filed with the court and approved by a judge. Our attorneys are well versed in creating and filing legal separation agreements, as well as in obtaining the requisite court approval.