Often the first issue the parties are confronted with in the breakup of a marriage is how to separate. Parties may agree to live separately, or they may file a court action and ask a judge to decide if separation is appropriate. This court action is called divorce from bed and board, or sometimes, a legal separation. Before a judge can grant a divorce from bed and board to one spouse, the judge must determine if the other spouse is at fault in the breakup of the marriage. An attorney can tell you about the types of fault the law allows a judge to consider.

Whether separation is handled amicably between the parties or decided by a judge, the impact of the separation must be considered. Some of the questions that should be answered are: Who should leave? What effect will leaving the marital home have on custody issues? Will the person leaving be accused of abandonment? Does leaving the home mean that party will have to pay alimony? These and many other questions can be answered by discussing your circumstances with an attorney.