How to Get a Legal Seperation

Legal Separation is also termed as Judicial Separation. It is a legally binding decree ordered by the court, which requires a man and woman to cease cohabitation for a particular duration of period as decided by the law prevailing in that country. Here, the court gives an opportunity to the couple to reconcile and save their marriage from divorce.

Many times, due to social pressure and religious commitments, couples hesitate to take the extreme step of divorce. Thus, they prefer going for a legal separation. After a legal separation, many rights and benefits that were enjoyed jointly by the couples are segregated and divided independently. This decree is also advantageous for the couples, who wish to retain this decree as an evidence for future records at the time of obtaining divorce.

How to Get a Legal Seperation How to Get a Legal Seperation

Steps To Consider Getting A Legal Separation

You will have to take a foremost decision whether you want to file papers with or without the help of your attorney. It all depends upon the amicable settlement between you and your spouse.

You will have to check in your area of residency whether it allows for the legal separation or not. This is a mandatory condition, as there are many countries, which do not recognize judicial separation. In these countries, people have the only alternative of divorce, if they wish to separate, irrespective of permanent of temporary separation.

Jurisdiction of the court is another pre mandatory condition. If the case is filed in the wrong court, it will simply delay the matter and add on more to your cost and time.

You will also need to work amicably along with your spouse on a legal separation agreement before filing it in the court.

This agreement of legal separation is the most important agreement. It must cover all area of the concerns namely child custody, benefits, division of the joint property, debts and liabilities. After considering all the important aspects in the agreement, this agreement will be submitted in the court. It is necessary to serve one copy of this agreement to the other spouse.

In case you or your spouse do not find any specific term or terms in the agreements fair, then either you or your spouse can also file a counter request against the Settlement agreement.

You can also to file a Joint consent legal separation agreement in the court if you wish to. This can save a lot of time and exorbitant money, which you and your spouse have to spend on attorney fee.

In case of joint consent, both the spouses will sign the agreement and present it in the court for approval. Once the court is satisfied with the averments made in the statement as true along with the proof that they are obtained by any force, fraud or undue influence, the court may grant a decree of legal separation.

Couples can follow these steps on how to get a legal separation and implement them. This can save the time and money of many spouses, who wish to get immediate legal separation and without spending too much money on paying the fees of the attorney.

Tips

Legal separation granted by the court provides an opportunity for the spouses to reconcile and save their marriage from breaking permanently by taking an extreme step of divorce.

Warnings

In legal separation, spouses remain in a legal marriage. Although they are separated through a legal separation decree, they are not divorced. Thus, if any one of the spouses wants to remarry, they will have to first file a suit for divorce, terminate their marriage and then can go for second marriage.


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