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separation agreement :: legal definition


Separation agreement - n. an agreement between two married people who have agreed to live apart for an unspecified period of time, perhaps forever. The agreement generally covers any alimony (money paid for spousal support), child support, custody arrangements if there are children, payment of bills and management of separate bank accounts. A separation agreement may determine division of property if the separation appears permanent. It cannot be enforced by court order unless one party files a petition for legal separation or files a lawsuit for specific performance of a contract. If the couple reconciles, the separation agreement is voidable (can be cancelled) by the parties. However, most separation agreements are interim agreements to serve between the time of separation and the eventual divorce of the parties.

See also: divorce legal separation separation and Related Law Terms ↓


Related Law Terms

abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize.
acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service
actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers.
alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support
amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court.
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bigamy :: n. the condition of having two wives or two husban ... d to several husbands is polyandry.
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support
claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits.
collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action.
community property :: n. property and profits received by a husband and ... and distribution separate property
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant.
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time.
joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
legal separation :: n. a court-decreed right to live apart, with the r ... n is rarely used. See also: divorce
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court
separation :: n. married persons living apart, either informally ... gal separation separation agreement
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
spousal support :: n. payment for support of an ex-spouse (or a spous ... but two. See also: alimony divorce
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
summons :: n. a document issued by the court at the time a la ... use service service of process writ
timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely."
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).

Popular Law Searches

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contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - S

said :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."
sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale
salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck.
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage
save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify
savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market.
scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent.
scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment.
scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior
scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license.
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict
sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny.
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder