Divorce Documents

If you have been separated from your wife for 10 years and she has ignored divorce papers can you file for a legal separation including the 10 years and what benefits would this have?

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2015-11-04 17:45:16
2015-11-04 17:45:16

Filing for a legal separation would not benefit you at all. You would still be legally married. Most states in the US do not recognize separations any more because a couple remains legally married under a separation. You need to file for a divorce. The legal divorce will take effect on the day the judgment is granted. Your wife does not have to consent to the divorce. Until you are legally divorced you each remain the legal spouse of the other and by that legal relationship one will be first to inherit property when the first spouse dies.

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2005-10-28 16:45:15
2005-10-28 16:45:15

All is needed is to submit a motion for default against the non-responding spouse in the court where the original divorce petition was filed. Once the motion has been filed the spouse will be served with a summons stating that the divorce has been granted on the grounds of their failure to respond to the original dissolution of marriage summons. When a default order has been issued the spouse loses the right to contest any of the terms contained in the original petition.

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No, you need to get a divorce. Separation is NOT a divorce and the time you are separated has NOTHING to do with it.

Legal Separation and Divorce are two different entities. The amount of time that you are legally separated from your spouse does not necessarily affect the divorce proceeding in the sense that you are not divorced after a certain amount of time being separated but it can help with the separation of assets. By this I mean that during the time you are legally separated that is when the economic community ends.

GA doesn't have a required separation period to file for divorce.

Each state has a different statute of limitations for separation for a divorce. In New York state you must be separated for one year before a divorce.

For a no-fault divorce, the required separation period is one year.

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.

The same way you would if you just separated....hire an attorney and file for 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.

There is no length of time that a separation turns into a divorce. You are legally married until you obtain a divorce through the courts.There is no length of time that a separation turns into a divorce. You are legally married until you obtain a divorce through the courts.There is no length of time that a separation turns into a divorce. You are legally married until you obtain a divorce through the courts.There is no length of time that a separation turns into a divorce. You are legally married until you obtain a divorce through the courts.

In the US, a divorce is never "automatic". You have to file for divorce. However, in order to obtain a no-fault divorce in VA you must have been separated for 1 year, OR 6 months if there are no minor children and you have a separation agreement.

Similar to divorce. I don't understand the purpose, but in some states, you can file for separation.

There is no minimum time requirement for separation before a divorce. Legal residents of the state of Oklahoma can file for a divorce at any time.

In order to file for a divorce, you have to be legally separated. You can file these papers on your own or hire an attorney. After a legal separation and a time period, you can then file for divorce or dissolution.

If they were mutually interested in a separation, you could ask them to file for a divorce. I am in a serious affair with a married guy and i want him to get separated to his wife.

The answer varies by jurisdiction; however, you do not have to be legally separated to file for divorce.

Florida law does not require a separation period before obtaining a divorce. Perhaps you are referring to the Marital Separation Agreement, which is the process of distribution of joint property/assets.

See the chart at the link below for waiting periods for various states.http://www.divorcesource.com/ds/divorceprocess/separation-or-waiting-periods-for-no-fault-divorce-621.shtml

You must obtain a divorce through the courts. No amount of separation will ever constitute a legal divorce.

Separation and divorce are two different things. The only way you will ever be legally divorced is to file for and be granted legal divorce - period.

You can apply for divorce in Barbados after one year of separation.

Ask him to see the separation and divorce documents issued by the court. If he refuses then he's lying to you. If he is separated then he can file for divorce at anytime and he's giving you a long string of excuses. Time to leave this guy.

Legal separation can last forever, it is basically the last option before divorce. It is issued by a court order and either one of the spouses can change their mind and remove the legal separtion or continue with divorce. Legal separation is basicaly the last alternative before divorce, It gives spouses a chance to solve marital problems, take advanctage of medical benefits that they may not have if they were divorced, if religious beliefs conflict with divorce you are able to live separately and retain your marital status, etc....

The state of New Jersey is a no-fault divorce state. While there is no specific separation period required for a divorce in this state you must still go through with a legal divorce proceeding before a divorce is official.

No. You cannot get married until you get a legal divorce from your present spouse. Separation doesn't end a legal marriage.

There is no legal separation in Florida and you may file for divorce, called dissolution in Florida, at anytime so long as you have been a resident for 6 months.


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