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Legal Definitions - separatio tori

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The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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Definition of separatio tori

Definition: Separatio tori (sep-uh-ray-shee-oh tor-ee) is a Latin term that refers to a separation of the marriage bed.

Definition:A mensa et thoro (ay men-suh et thor-oh) is a Latin term that refers to a type of divorce decree that separates the parties rather than dissolving the marriage. It means "from board and hearth."

For example, a couple may choose to get a separation a mensa et thoro if they want to live apart but not get a full divorce. This type of separation was common under English law until 1857.

Not all states provide for this type of separation, and it is important to note that it is different from a full divorce. A mensa et thoro only separates the parties, while a divorce a vinculo matrimonii dissolves the marriage entirely.

These examples illustrate how separatio tori and a mensa et thoro are legal terms used to describe different types of marital separation.

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Simple Definition

Separatio Tori: A term used in history to describe a separation of the marriage bed. It means that the couple is living apart but not divorced. This is also known as "a mensa et thoro" which means "from board and hearth". It was a common way for couples to separate under English law until 1857. Not all states provide for this type of separation.

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A 'reasonable person' is a legal fiction I'm pretty sure I've never met.

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