Divorce a mensa et thoro, a Latin term meaning "divorce from board and hearth," refers to a legal separation that allows couples to live apart while remaining technically married. This type of divorce does not dissolve the marriage but grants the parties permission to live separately, often due to reasons like cruelty or misconduct. It was a recognized legal status in England until it was abolished in 1857.
This term is primarily used in family law. It pertains to situations where a couple seeks to separate but does not wish to completely end their marriage. Legal separation can be beneficial for various reasons, including financial considerations or religious beliefs. Users may find legal templates for separation agreements through resources like US Legal Forms, which can help them navigate the process of separation.
Here are a couple of examples of abatement:
Example 1: A couple decides to separate due to ongoing disputes and allegations of emotional abuse. They seek a divorce a mensa et thoro to live apart while maintaining their marriage status for financial reasons.
Example 2: A partner moves out of the shared home after years of conflict but does not want to pursue a full divorce due to personal beliefs. They file for a legal separation instead. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Legal Separation Status |
|---|---|
| California | Legal separation is recognized and allows for property division and support orders. |
| Texas | Legal separation is not formally recognized; couples must file for divorce or use a separation agreement. |
| New York | Legal separation is available and can be converted to a divorce after a year. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Divorce | Legal termination of a marriage, ending all marital obligations. |
| Legal separation | A court-approved arrangement allowing couples to live apart while remaining married. |
| Separation | Informal arrangement where couples live apart without legal recognition. |
If you find yourself in a situation where divorce a mensa et thoro may apply, consider the following steps:
Browse our library of 85,000+ state-specific legal templates.
Divorce ends the marriage, while legal separation allows couples to live apart while still being legally married.