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As you have four children it is better to get a divorce once and for all, then a legal separation. It will solve you problems later on.
Wiki User
∙ 15y ago
Wiki User
∙ 14y agoYes, you can file for a legal separation and have it right away, but you will still be legally married until the divorce is final.
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Saperation of which type?
In the context of a marriage, there are three different kinds of separation which are trial, permanent, and legal. A legal separation is different than a divorce.
How is a legal separation different than a divorce in the state of wi?
With a legal separation the couple remains legally married. A divorce ends the marriage legally and the parties have no further legal claims against each other.With a legal separation the couple remains legally married. A divorce ends the marriage legally and the parties have no further legal claims against each other.With a legal separation the couple remains legally married. A divorce ends the marriage legally and the parties have no further legal claims against each other.With a legal separation the couple remains legally married. A divorce ends the marriage legally and the parties have no further legal claims against each other.
How do you obtain an legal marriage separation?
Legal separation is NOT the same as a divorce. A judgment of a legal separation lawsuit leaves the couple with the legal status of married persons while settling the respective rights and obligations that each spouse has to the other. Spouses who are legally separated are not free to marry since they have not regained unmarried status. Legal separations are not available in all jurisdictions so you need to consult with an attorney in your particular jurisdiction who specializes in family law. The law tends to favor divorce rather than leaving a couple married to each other while living separate lives as though not married.
After more than 7 years of separation is the marriage automatically null and void?
Absolutely not. You must obtain a legal divorce. Until you do you are legally married and will inherit each other's property.
If my first wife married a man than married me which marriage is legal?
The first marriage is legal. If there is a divorce then, the second marriage is legal. If there isn't a divorce, then it is not legal.
If you are legally separated for more than five years in California can you get married?
No, you need to get a divorce. Separation is NOT a divorce and the time you are separated has NOTHING to do with it.
Can a spouse bring an action for a legal separation so that he or she can marry someone else while the divorce is pending?
If you're in the US, you can't marry someone else until your divorce is final (it's illegal to be married to more than one person at a time).
When can a woman ask for alimony in India is it after divorce or after only separation of two years?
Yes, a woman can ask for alimony in India after divorce or separation of 2 years provided their marriage lasted for more than 10 years.
What are the drawbacks of legal separation vs divorce?
Separation means to live apart from your spouse. The law does not require you to file documents to live apart and the law does not require you to live with your spouse. To "separate" you technically need do nothing more than move, however, to the extent that separating affects your legal rights, you will want to first consult with an attorney. A legal separation is where a court has entered an order (much like a decree of divorce) that outlines the rights and responsibilities of each spouse while they are living apart. Unlike divorce, with a legal separation, you are still married, so neither can re-marry, and the wife may not revert to her former name. After obtaining a legal separation, you have a court order regarding issues such as child custody and support, payment of bills, division of assets, and alimony while living apart. These issues are that same that are addressed during a divorce action except when its over, you remain legally married while choosing to live separate lives. The process of obtaining a legal separation is the same as obtaining a divorce, and can be just as costly and take just as long, and later, if re-marriage is desired, the parties must go back to court to obtain a divorce. For some couples, and in certain situations, there are advantages to obtaining a legal separation rather than a divorce. Those advantages include: * Time away from the conflict of the marriage to decide if divorce is what they truly want. A legal separation permits time to see if the marriage can be reconciled, but understand the need for a formal agreement which sets forth child support and custody, spousal support (alimony), debts and property in the interim; * Medical benefits, health insurance and certain other benefits for a married spouse stay in place that divorce would bring to an end. * Religious beliefs and moral values are not compromised yet you are able to live apart. * Military spouses may wish to take advantage of the benefits of the Uniformed Services Former Spouse Protection Act (USFSPA) which requires a marriage of at least 10 years. * Qualifying for social security and other benefits for a spouse requires remaining married for 10 years or more. It is possible for a married couple to separate and have mutual understanding or even a written agreement without going to court. This is not considered a "legal separation" but can be just as effective. If retention of some of the benefits outlined above are desired, it is wise to retain a lawyer in drafting a separation agreement to ensure that no benefits are lost during the period of separation. If you decide that a legal separation is best for you at this time, remember that if, in the future you do seek a divorce, that your separation agreement may be binding and may be what the court orders in your divorce. There may be additional pros or cons depending on which state you reside in. For Nevada residents, Rocheleau Law Group website details more specific information according to Nevada law.
Are you legally divorced after more than 7 years of separation in state of Illinois?
No. A marriage must be dissolved by a court decree. Until you obtain a divorce, you remain legally married and each is the legal heir of the other spouse.
Is it adultery if you sleep with someone else while legally separated?
Legally separated generally means you are still legally married but living apart. In the eyes of the law, adultery can still occur during a legal separation because the marriage is still legally recognized. It is advisable to check the specific laws in your jurisdiction.
If you married a legal alien and you decide to separate what happens if his tourist visa expires?
If he is still married to you, he is as much a citizen as you are, as separation is not the same as divorce. A marriage with a US citizen counts more than a visa does, as marriages last longer and are harder to end than visas.
