Filing for Separation

Married couples seeking divorce have two options when they decide to separate- to informally separate, or to file an official notice of separation with their local family court. Couples who wish to legally separate are often concerned with issues such as division and protection of property, child custody, child support, spousal support and visitation rights. A separation agreement is the outcome of the court's findings or rulings in regard to the legal separation. This form of filing is in fact a law suit, of which the findings are legally binding. Both parties of the couple must sign the document in order for it to be considered valid. In the event that both parties do not agree to the terms of legal separation, most judges will simply rule to proceed to divorce proceedings.

Fast Facts

  • Filing for separation is a form of legal suit in which resembles divorce proceedings, with the primary difference being that the couple remains married upon finalization of the separation agreement.

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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
  • Guiding You Through the Separation Agreement

    This guide may assist in answering questions you may have regarding Separation Agreements.  We encourage you t...
    • By: Rachael Rogers
    • Site: divorcelawfirms.com
    • 1 of 1 user(s) found this useful
  • Filing for Divorce and Taxes

    Tax consequences impact decisions in a divorce, settlement agreement, or marital dispute resolution.  For an i...
    • Site: divorcelawfirms.com
  • Separation or Divorce

    The decision of whether to divorce a spouse is one of the most difficult decisions a person can face. Often, c...
    • Site: lawfirms.com
    • 18 of 22 user(s) found this useful
  • Legal Separation vs Divorce

    The general public often uses the terms “divorced” and “separated” interchangeably. However, divorce and legal...
    • Site: divorcelawfirms.com
    • 3 of 5 user(s) found this useful

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