Filing for Legal Separation

In most states, you must prove that your marriage has permanent issues or that one party wants to leave the other party in order to file for a legal separation. The primary reason for this is that it is not required to file for legal separation in order to file for divorce. Most couples who file for legal separation are either hoping that they can work on their marriage in attempt to save it, or are concerned about protecting their interests during the separation while they prepare the final details for their divorce decree. To file for legal separation, the parties must provide a valid petition to the appropriate family court. If the couple does not agree to legally separate, the case will go to court to be heard in front of a judge.

Fast Facts

  • Legal separation agreements cover the same issues as would be covered within a divorce decree, including child support, child custody, child visitation, spousal support, and the division or marital assets.

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  • Filing for Legal Separation

    Unlike a divorce, in which only one party must seek an end to the marriage, a court will typically not force a...
    • Site: divorcelawfirms.com
  • Filing Bankruptcy After Legal Separation

    For those who are legally separated, filing bankruptcy is no different than filing it when married or single. ...
    • Site: filingforbankruptcyonline.com
  • Legal Separation vs Divorce

    The general public often uses the terms “divorced” and “separated” interchangeably. However, divorce and legal...
    • Site: divorcelawfirms.com
    • 6 of 9 user(s) found this useful
  • Is Legal Separation Always Necessary for Divorce?

    In the past, it was common for divorce law separation to be a requirement for a divorce where or not a party i...
    • Site: divorcenet.com
    • 3 of 4 user(s) found this useful
  • Is Legal Separation a Trial Divorce?

    Couples whose relationships are somewhat crumbling tend to try separation even before the process of divorce h...
    • Site: divorcenet.com

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