QUESTION
Can I file for legal separation without having to deal with him and let him be served?
Asked on Sep 22nd, 2012 on Divorce - Arizona
More details to this question:
I want a legal separation from my husband but he is fighting me on everything, mostly child support. Once I file, will I be immediately separated from him?
10 ANSWERS
Steven D. Dunnings
No.
Answered on May 22nd, 2013 at 2:02 AM
Michael Paul Vollandt
The filing of the petition is the first step. Once he is served the court has jurisdiction over the parties and you could state on the date your stated on your papers as the date of separation.
Answered on Sep 26th, 2012 at 2:05 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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No. A legal separation is a judgment which says you are legally separated, you cannot remarry.
Answered on Sep 26th, 2012 at 2:05 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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A legal separation is just like a divorce, except at the end you are still legally married. If you are living together now, simply filing for legal separation does not get him out of the house. To do that, you have to file for exclusive use of the marital home.
Answered on Sep 26th, 2012 at 2:05 PM
Estate Planning Attorney serving Las Vegas, NV
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Law Offices of Pamela R. Lawson
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Filing for a legal separation is just like filing for a divorce, i.e all the property is divided, custody is set, child support is set, the debts are divided; the only real difference is that you are not divorced and cannot remarry until you are divorced. You will not be instantly "separated from him" you and move and be separated - the legal separation still requires a settling of the issues. If you are tired of the fighting with him your attorney can handle most everything and request no contact from your husband. You most likely will appear in court at least once, but it will be with your counsel.
Answered on Sep 26th, 2012 at 2:05 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado you can file for a Legal Separation instead of divorce without your husband's approval or consent. However, if he wants to get a divorce instead, there won't be any way to stop that. You need to understand that there is a difference between "physical separation" and "Legal Separation". Legal Separation means that a court has entered an appropriate order establishing the terms and conditions for ending the marriage (child custody, child support, marital property issues, alimony issues, etc.) In Colorado it will take at least 90 days and more likely up to 6 months before a Decree of Legal Separation will be entered by the Court. Until that happens, you are simply "physically separated" and that has no legal signifance.
Answered on Sep 26th, 2012 at 2:05 PM
Suzanne H. Lombardi
In Alaska the date of separation is the date that you both decide that the marriage is over. You will not automatically be separated from the other spouse. As soon as one party files for the legal separation or divorce then the assets are frozen and nothing can be changed, i.e. children cannot be taken from the state unless there is a court order or the other party agrees in writing. You have to have very specific circumstances to file for a legal separation. An attorney can help you fight your case in court and tell you which direction to go in.
Answered on Sep 26th, 2012 at 2:03 PM
No. He is not bound by any legal action you file unless you serve him with the papers. If you file for legal separation, he can counter file for a divorce. Once you file, you can have a hearing at which the court will set child support and restraining orders if they are needed.
Answered on Sep 26th, 2012 at 2:03 PM
No, legal separation is a process just like dissolution. You must file a series of documents to be able to get a Judgment. You should consult a family law attorney or facilitator to assist you with the paperwork.
Answered on Sep 26th, 2012 at 2:03 PM
You are not legally separated until the court signs a Decree of Legal Separation. The first step is to file the documents and have the other party served; however, that only gets the case started. The other party has an opportunity to file a Response stating what he/she wants, and if the two of you don't reach agreements, then the court will eventually intervene and hold a trial to make final determinations. The process can take several months. I recommend you consult with an attorney to discuss your options.
Answered on Sep 25th, 2012 at 11:12 AM