separation, in law, either the voluntary agreement of husband and wife to live apart or a partial dissolution of the marriage relation by court order. The marriage bond remains, and remarriage of either party is criminal. The separated parties will ordinarily be bound by the provisions of an agreement respecting the amount to be paid for separate maintenance and the adjustment of their property rights. Separation by court decree is a divorcea mensa et thora [from bed and board]; the parties are forbidden to live together, and the wife may have a right to alimony. The laws of the states of the United States vary greatly as to separation; generally, jurisdictions where divorce is difficult to obtain have a more lenient policy toward legal separation than do jurisdictions with easier divorce laws. The main grounds for legal separation are adultery, cruelty, and desertion.
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Publication information: Article title: separation. Encyclopedia title: The Columbia Encyclopedia, 6th ed.. © 2012 The Columbia Electronic Encyclopedia © 2012, Columbia University Press. Licensed from Columbia University Press. Used with the permission of Columbia University Press. All Rights Reserved. Publisher: The Columbia University Press. Place of publication: Not available. Publication year: 2013.
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