QUESTION
If I want to file separation papers however my wife does not, is there anything I can do to be legally separated from her?
Asked on May 24th, 2013 on Divorce - California
7 ANSWERS
Her agreement is not necessary. You need only serve her and then proceed with a default judgment if she refuses to participate. You should consult a family law attorney or facilitator to assist you.
Answered on May 27th, 2013 at 7:34 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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File for divorce that is a legal separation that she cannot refuse.
Answered on May 24th, 2013 at 12:33 PM
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Your question suggests that you are not ready to file for divorce. Massachusetts does not have "legal separations" but there is another action labeled a Complaint for Separate Support. Under this legal action, you can get many of the same court orders you would get as part of a divorce but the end result is that you would remain married. You should consult with an attorney to review the specific facts of your situation to help you decide how best to proceed.
Answered on May 24th, 2013 at 12:32 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes file. But why stop at separation. File for divorce and move on with your life.
Answered on May 24th, 2013 at 12:32 PM
Yes you can file papers for a legal separation and have her served. If she doesn't respond within 30 days you can proceed to judgment legal separation.
Answered on May 24th, 2013 at 12:31 PM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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Whether she agrees or not you can file for and be granted a legal separation or divorce. The only caveat, is that if you file for legal separation, she can file for divorce and the divorce will be granted .
Answered on May 24th, 2013 at 12:31 PM
Yes. You can file the papers and have her served by an adult over 18. Then the court will help .
Answered on May 24th, 2013 at 12:29 PM