When you and your spouse sign a legal separation agreement and present it to the court, the judge may approve it and merge it into your court
order for a legal separation.
In states that recognize them, obtaining
an order for legal separation only requires a petition signed by both parties and filed in county court, as well as a signed agreement stipulating the division of property and provisions for child support and other financial support.
Not exact matches
Alternately, if assets are transferred to an ex-spouse as part of a Family Court
Order or
legal separation agreement before you file
for bankruptcy (assuming not done fraudulently) then these assets are no longer available
for your creditors in the bankruptcy.
2017), the Virginia Court of Appeals remanded a divorce case back to the trial court
for a nunc pro tunc («now
for then»)
order granting a divorce from the bond of matrimony
for adultery, to correct what the appellate court believed was a clerical error in granting a divorce a mensa et thoro instead, a divorce from bed and board or what the court called a
legal separation.
The law in Arizona requires a married person to either file a Petition
for Dissolution of Marriage, a Petition
for Legal Separation, or a Petition to Establish Child Custody
orders.
Some states require that you file your Marriage
Separation Agreement with the court seeking
legal approval of its terms in
order for the Agreement to be enforceable.
Furthermore, in
order to solidify the terms of your
Separation Agreement, so that it will be difficult
for either party to challenge the Agreement in the future, it is highly recommended by both parties have independent
legal advice prior to signing the Agreement.
• Make certain marital settlement agreements and pre - or post-nuptial agreements are properly prepared; • Identify tax issues which may affect the distribution of marital property and the payment of child, spousal or family support; • Help you effectively deal with complex
legal issues involving community property laws; • Negotiate or mediate the difficult and emotional issues relating to
legal separation, dissolution of marriage and child custody; • Protect clients who need restraining
orders for domestic violence; • Handle matters relating to modification of child custody, spousal support or child support; • Offer a collaborative process enabling clients to resolve their issues without court intervention.
For these reasons, it is critical to receive
legal advice about spousal support early in the process of
separation, in
order to ensure that you understand and protect your rights.
In a
separation proceeding, as soon as either spouse files and properly serves a petition and summons
for a
legal separation, certain court
orders will issue automatically.
During a
legal separation, the court enters temporary
orders for child support, child custody, spousal support and counseling, if the couple should need court supervision of any of these decisions.
Automatic Restraining
Orders —
Orders that go into effect upon the filing of a petition
for dissolution,
legal separation, or annulment.
As a practical matter, before a wife can obtain a support
order there must be a breakdown of the marital relationship and an action commenced
for legal separation or divorce.
If the parties sign a
separation agreement that includes a requirement
for one spouse to pay post-
separation support to the other, the agreement is binding regardless of whether the
legal requirements
for court -
ordered post-
separation support are met.
In
order to get a judgment
for legal separation, you and your spouse must submit a joint parenting plan to the court, setting out child custody, visitation and support matters.
In
order to be eligible
for legal separation, both spouses must have been Utah residents
for the past 90 days
Florida family law provisions establish the grounds
for divorce or obtain
orders legalizing a marital
separation, and they dictate the procedures used to pursue both divorce and
legal separation.
After you've filed a petition
for divorce or
for legal separation, a judge can enter
orders to protect you and your interests.
The Final Decree on Petition
for Divorce,
Legal Separation or Civil Union Dissolution sets forth a final
order on the terms and condition of the action in standardized language.
The Temporary Decree on Petition
for Divorce,
Legal Separation or Civil Union Dissolution sets forth a Temporary
Order on the terms and condition of the action in standardized language when he divorcing couple need temporary resolution of issues pending a final Decree.
Legal separation allows a couple to divide marital assets and liabilities, and if they have children, it allows the couple to obtain court
orders for child custody, support and visitation.
However, it might be in your best interest to have some sort of
legal representation during the divorce process in
order to effectively voice your needs if you need help doing so while working to formulate the marital settlement agreement
for divorce or
separation.
What is the
legal impact
for spouses who are not divorced and have either an
order under provincial legislation (such as Ontario's Family Law Act) or have a
separation agreement?
A rose by any other name... Rumor has it that «many» divorcing couples are now opting
for legal separations instead of a divorce in
order to maintain their current health insurance.
Alimony sometimes referred to as spousal maintenance in Arizona, is an
order of the court requiring one spouse to pay the other spouse an amount of money
for a specified period when the court finds one spouse will be unable to support herself or himself after the divorce or
legal separation.
Some people choose
Legal Separation for religious reasons, or in
order to stay on a spouse's health insurance plan.
Unless you have a court
order ending your marriage or granting you a
legal separation, you may continue to be responsible to and
for your spouse financially (including loans and credit cards).
Without a court
order for separate maintenance or a legally binding
separation agreement, a separated spouse may have little
legal recourse in case of dispute.