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Yes you should have a separation agreement. In most states you must be separated for one year to file for divorce. If you have a separation agreement with your ex which has been notorized and dated, it will make it easier to prove you have been separated for a year. Separation agreements also help in dividing up property if you both agree on what each will get. If you want a quickie divorce it only takes 30 days in some states. Also beware some lawyers will tell you that if you both agree to say that you have been separated for a year and backdate the paperwork,then you can get a divorce immediately. This is a common occurance but be warned if you are not on good terms with your ex, it could come back to bite you! * There are 12 states which require a couple to separate for a specified length of time before filing for divorce. The issue of filing for a dissolution of marriage and the time the divorce is final is often confused with the act of a required separation before a divorce can be filed. In states that require the couple to reside separately before the filing it generally pertains to the interlocutory in relation to a "no-fault" divorce.
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∙ 18y ago
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Is there a mandatory separation time after filing for divorce in CO?
No. There is no mandatory separation time in Colorado.
What is the waiting time to remarry after filing for divorce?
You must wait till the divorce is final..That's about it. Some States have a waiting period or separation time frame that must be met between filing and when it becomes Final. Like in Indiana(not sure if its still true) But you had to be separated for 6 months if you have kids before a divorce is Final.
I have a Legal separation now I want a divorce?
Legal separation is to the same thing as divorce and is not always a prerequisite to a obtaining a dissolution of marriage (i.e. divorce). Although many of the issues (such as alimony, child support, etc) that would traditionally be dealt with in a divorce were done in your legal separation, you still need to go through the divorce process, starting with filing for divorce. At no point, no matter how long you have been separated, will a legal separation turn into a divorce.
Can the alienation of affection be filed while filing separation or divorce or should be filed after separation or divorce?
In some states Alienation is a grounds for divorce. It should be stated on the petition for divorce if your state requires a compelling reason to ask for divorce. If you happen to live in a no fault state, the issue of alienation is moot. In a no fault state you do not need a reason to get a divorce. In that case, your "reason" is not a consideration (legally that is). Make sure you find out if your state is no fault so that you will know how to proceed.
Can i move after filing for divorce?
You should probably wait until the divorce is finale.
Should I file for a divorce before filing chapter 7?
Every case is different, but if the two of you file a joint petition for bankruptcy before the divorce, you will both avoid problems. Consult a lawyer who knows both divorce and bankruptcy law.
My husband and I are filing for divorce he is filing do I have to file too or should I just wait to get the paperwork from him and how long should I wait before I start with proceeding's?
If one party is filing the divorce it is not necessary for the other person to do so also. However, divorce can be an ugly and stressful process so you should get an attorney and have representation as soon as possible so that when the paperwork comes you are already prepared . And, having representation now will offer you legal advice for actions you should be taking already while the divorce is in progress.
If you were married in North Carolina but wanted a divorce and your legal residency is in Michigan would you be able to get a divorce through Michigan to not need a years separation that NC requires?
The filing of any divorce requires residency, not where you were married.
Do you have to be separated to get a divorce in Mississippi?
According to Missouri divorce laws; you may request a no-fault divorce. All that is required is the statement of an irretrievable breakdown of the marriage. There is no mention of a mandatory separation prior to filing. You will have to be separated for a year.
Is it a good idea to get marriage counseling before filing divorce?
i'd say.
Is it considered cheating if your husband started dating before filing for divorce?
Of course i does! Hes having an affair before filing for divorce, meaning hes still with you! ( unless of course you kicked him out of the house... but if hes sleeping on the couch it does not...)
once i file my divorce papers with the courts, how long do i have to serve him until the filing is expired?
You should wait for 60 days after Filing for divorce and you and your Spouse should ask the court to finalize a divorce.This time will begins on the day you file your divorce petition with the court.
