Legal Separation


Domestic Relations Practice Area

Legal Separation

Legal separation, also known as an action for separate maintenance, is an action available to married parties who wish to live separate. Legal separation is often desirable for parties who are unsure whether they wish to obtain a legal divorce.  Arkansas law and public policy favor the resumption of marital relations.  Accordingly, in an action for separate maintenance, it is unnecessary for either party to establish grounds or fault. 


After filing for legal separation, a temporary order, or a temporary legal separation agreement, will need to be entered with the court. A temporary order or agreement details how you and your spouse will handle your affairs until the time that a final decree of divorce is granted or until you and your spouse dismiss the legal separation action with the court.  A temporary order usually addresses the following issues: temporary possession of marital property; temporary responsibility for debts and marital liabilities; temporary spousal; and temporary custody/visitation and child support if you have children.

If the legal separation exceeds 18 months, either party may seek a divorce without alleging specific grounds for divorce. In other words, you and your spouse are entitled to a divorce if you have lived separate and apart for 18 continuous months without cohabitation.


If you are considering legal separation, contact M.W. Law, PLLC to schedule a consultation today to discuss whether legal separation is a viable option for you and your spouse.

Why Choose

M.W. Law

Litigation relating to your personal life is stressful; your relationship with your attorney should not be.

We provide aggressive personalized legal representation, planning, and guidance for individuals experiencing relational, familial issues, and various other domestic relations matters. 

Schedule Your Consultation

M.W. Law, PLLC will help you navigate through the litigation process. During the intial client consultation,  you will explain your current situation and your desired outcome. With your assistance, your attorney will implement an appropriate course of action and will agressively fight to obtain the best resolution for you. 

Stephens Building

111 Center Street, Suite 1200

Little Rock, AR 72201

Megan E. Wooster, J.D.

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