QUESTION
Is it possible to get a divorce with no legal separation?
Asked on May 19th, 2015 on Divorce - California
More details to this question:
My husband wants to divorce me. We have not been separated or legally separated. Is this something that he can still do?
15 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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That would be a yes.
Answered on Aug 31st, 2015 at 8:00 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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In Michigan is not necessary to be separated.
Answered on May 22nd, 2015 at 12:17 AM
Child Custody Attorney serving Raleigh, NC
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Palmé Law Firm, P.A.
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No. You must live separate and apart for 1 year and 1 day before you can file for divorce. If you misrepresent the term of your separation in a divorce complaint in order to get it done faster, it is fraud and is punishable by contempt. Contempt punishment can include jail time, fines, and other sanctions.
Answered on May 20th, 2015 at 9:34 AM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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The very formulation of an intention, preferably objectively communicated, to separate the hearts is a separation for purposes of divorce.
Answered on May 20th, 2015 at 4:57 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You don't have to be legally separated to file for a divorce.
Answered on May 19th, 2015 at 5:54 PM
There is no requirement for legal separation before a divorce is filed. A divorce can be filed right away.
Answered on May 19th, 2015 at 4:23 PM
4 Awards
Sure. As long as you have lived here in NE for a year, you can file for divorce even if you still live at the same address. If you haven't been a resident for a year, you can file for separation to get temporary relief and convert to a divorce as soon as the year has passed.
Answered on May 19th, 2015 at 4:20 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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In Florida there is no requirement for a period of separation. All it takes to start the process if for one party to file a Petition for Dissolution of Marriage.
Answered on May 19th, 2015 at 3:39 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Yes, in Nebraska.
Answered on May 19th, 2015 at 3:23 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You don't have to be legally separated to get a divorce.
Answered on May 19th, 2015 at 3:21 PM
Bruce Provda
You can get a divorce without a legal separation. He would have to file a petition to get it started.
Answered on May 19th, 2015 at 3:21 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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There is no such thing as a "legal separation" in Florida. You can enter into a separation agreement, but there is no requirement to do so prior to filing for divorce.
Answered on May 19th, 2015 at 3:20 PM
Yes, I do believe he can get a divorce and not yet be separated. You might want to consider asking the Judge to force him to move out within a few weeks. The faster you get an attorney the better it will be for you. Good luck.
Answered on May 19th, 2015 at 3:17 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes. You don't need to be legally separated or living separate to get divorced.
Answered on May 19th, 2015 at 3:17 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Yes, anyone may choose to either start divorce proceedings or legal separation proceedings at any time.
Answered on May 19th, 2015 at 2:56 PM