No, generally both parties will need to request the dissolution of marriage petition be withdrawn or dismissed, and then need to file a petition of separation. Not every state will grant a legal separation decree, nor dismiss a divorce petition depending upon the circumstances.
Although a legal separation is often the first step couples take before getting a divorce, it never turn into a divorce (say after a certain amount of time) because they are different legal status' and require different court proceedings/paper work, etc. Also, Legal separation is not the same thing as divorce and is not always a prerequisite to a obtaining a dissolution of marriage (i.e. divorce).
i am seperated for over two years when could i get a divorce
only if you follow through and get a devorce
No, not until your divorce is final.
As soon as you realize reconciliation is not an option.
Not all states require a period of separation before granting an uncontested divorce. In states where this separation period is required, the term varies and may be one year or 6 months, for instance. Where a separation period is required, you might want to file for legal separation to protect your rights before the divorce is finalized.
My soon to be ex has changed his legal address for his W-2 form, now he wants to file jointly with me. Can we file jointly if we have different legal addresses? The Separation Agreement was filed November 26, 2010.
You can file the separation as soon as you decide to separate. You go to an attorney and have one drawn up and both parties sign it. But if you don't back date it a year then you cant get divorced until a year from the date on your agreement.
No time specification. Look within you and if it feels right go for it!
Probably, yeah.It is legal for him to do so? Absolutely not. Congratulations; in any halfway honest court system you are going to take your soon-to-be-ex to the cleaners.
If your soon to be ex caused you a personal injury, you can sue them during a divorce. Your divorce lawyer will either file the law suit or can recommend a good lawyer for you.
You can get a divorce in another state from where you were married if you or your soon to be ex are a resident of the state. So, in your case, you would need to meet the residency requirements for Indiana to be able to file for divorce there.
Absoultely! If your soon-to-be ex husband is in a relationship with this woman it is a serious conflict. How can you expect to get fair and unbiased legal representation? Find another attorney, file against this attorney for conflict of interest and get on with the divorce!
You can file for divorce in the state you are married in or any state that you or your soon to be ex-spouse are a resident of. If this is not the case for Nevada then you can check on residency requirements and wait for the stated time period.
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.
You need to check your specific state's laws, but I know in some states if the divorce was granted on the grounds of adultery, and the 'other woman' is named in the divorce papers, then the husband cannot marry the other woman for at least 30 days after the divorce. If he does, then that marriage is not legal. The same applies if the husband files for divorce on the gounds of adultery, as well. But if the divorce was filed and granted on other grounds, then you are free to remarry as soon as you obtain your new marriage license.