According to the Indiana Code 31 -15-3-3, the grounds
required for a legal separation are (1) that conditions in or circumstances of the marriage make it currently intolerable for both parties to live together; and (2) that the marriage should be maintained.
The pleadings or documents
required for a legal separation are largely identical to those required in a divorce action, except that once the process is complete, the couple remain husband and wife.
Attorneys are required to draft the legal documents
required for a legal separation and divorce.
Not exact matches
These foundations are usually fronted by another NGO «funding organisation» to provide a degree of
legal separation required under US law (and sometimes
for tax purposes).
The consent of both parties is
required for the court to render a judgment of
legal separation, unless «one party has not made a general appearance...» (CA Family Code § 2345.)
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.
However, while divorce
requires that the marriage is irretrievably broken and thus severs the marital relationship permanently,
legal separation does not permanently sever the marital relationship as there may be hope
for reconciliation.
In particular, and without prejudice to paragraph 3, no special procedure shall be
required for updating the civil - status records of a Member State on the basis of a judgment relating to divorce,
legal separation or marriage annulment given in another Member State, and against which no further appeal lies under the law of that Member State.
Legal filing is not
required for a
separation agreement.
Mr. Hubert recognizes how stressful this process can be and works compassionately with each of you while gathering the information that he needs to complete your Domestic Relations Case Information Sheet, Petition
for Divorce or
Legal Separation, and all of your smaller documents that the court
requires.
A
legal separation is not
required before filing
for divorce in Indiana, but a period of
legal separation in which the couple is unable to reconcile may help the court determine an «irretrievable breakdown» has occurred.
Unlike several other states, California does not
require that the spouses obtain a «
legal separation» prior to filing
for divorce.
If a couple wants to file
for a no - fault divorce in New Jersey a
legal separation lasting at least 18 months is
required.
Check to see if your state
requires a period of
legal separation before you can file
for divorce.
Although this
requires additional paperwork, if you're in a hurry to get your divorce moving along but have not established residency yet, you can file
for legal separation immediately.
If you're married to the other parent, Arizona law
requires you file
for legal separation or divorce to pursue custody of the children.
If you first file
for a
Legal Separation and you do want a divorce you will need to enlarge your
Legal Separation into an Absolute Divorce when you have been separated
for the
required period of time.
North Carolina
requires spouses to live apart
for a certain time as one of its grounds
for obtaining a divorce, but that doesn't mean you need a judge to grant you a
legal separation before the divorce.
However, there is no minimum time period
required for the
separation prior to filing the
legal separation case.
The website of the Judicial Branch of Arizona publishes an information packet containing all the steps
required to file
for legal separation in Arizona.
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.
A written agreement is not
required to establish a
legal separation in North Carolina, but it may be necessary to sidestep
legal complications, such as the purchase of real property before the divorce is finalized (called a «free trader clause»), and establish the date of
separation and waive claims a spouse may have against a third party (called a «third party waiver»)
for alienation of affection and / or criminal conversation.
However, a
legal separation agreement is similar to a divorce agreement in many aspects, and a
legal separation agreement in NY can be just as comprehensive and detailed as the Stipulation of Settlement
required for NY divorces.
While many mediators only write a «Memorandum of Agreement» and then
require you to retain separate attorneys to formalize that agreement, one of Divorce Mediation Professionals» attorneys will prepare your
separation agreement and process all of the
legal papers necessary
for the two of you to get a divorce.
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.