QUESTION

How do I file for legal separation with the intent of obtaining a non-contested divorce?

Asked on Jun 12th, 2015 on Divorce - Florida
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How do I file for legal separation, with the intent of obtaining a non-contested divorce? I originally married in 2003.
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5 ANSWERS

Why bother to seek a separation if what you really want is a divorce? The documents and the expense are about the same. However, first things first: consult an experienced family law attorney. It's almost always worth the investment. He or she can advise and represent you, draft the various papers, and generally keep things going as smoothly as can be. The process for obtaining a legal separation is like a divorce: your lawyer drafts up a summons and petition, often along with a Motion for a temporary order, files them with the Court, and has then served (officially delivered) to your spouse. If there is a temporary order required, s/he can obtain a hearing on fairly short order.
Answered on Jun 12th, 2015 at 8:20 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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Whether or not the divorce will be contested is out of your control. If you want to get a divorce, just file it and don't bother with a legal separation.
Answered on Jun 12th, 2015 at 2:46 PM

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Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
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This is illogical. You should hire an attorney or meet with the free Family Law Facilitator at your Courthouse.
Answered on Jun 12th, 2015 at 2:11 PM

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Family Law Attorney serving Lincoln, NE
Partner at GordenLaw, LLC
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No reason for legal separation first in Nebraska unless you do not meet the residency requirement (have not lived in Nebraska for more than one year). Separation prior to divorce does not guarantee uncontested divorce. You should visit with an experienced family law attorney about your options.
Answered on Jun 12th, 2015 at 2:02 PM

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I don't believe you file for a legal separation. You can have an agreement with your spouse regarding a legal separation which would include property spousal support child support and all those other issues. You would still have to file for a divorce at some point in time if that is what you want.
Answered on Jun 12th, 2015 at 1:03 PM

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