It is, in essence, a court-sanctioned separation, giving the complaining party the right to live apart. It does not dissolve the bonds of marriage, and the couple remains legally husband and wife. A legal separation can be negotiated by the parties, usually through counsel, and embodied in a contract known as a separation agreement. A separation agreement covers issues of property disposition, spousal support, child custody, visitation and child support. Some have gone so far as to label it an accounting exercise.
Clients are frequently surprised when given their first assignment in preparing the case.
That is to construct a complete financial statement, listing income, expenses, assets, and liabilities. Women who have been the family bill payers and tax preparers over the years have a great advantage. They have both in depth knowledge of the family finances and access to the supporting documentation. On the other hand, women who have permitted their husbands to take charge of family finances often have scarce knowledge of their husbands' income, expenses or assets, putting them in a handicapped position at the starting line. Pretrial discovery of a spouse's income, expenses and assets is one of the most frustrating and expensive phases of litigation.