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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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โˆ™ 2006-03-08 03:15:50
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Q: Should you file for separation before filing for divorce?
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Related questions

What shortest separation time before filing for divorce?

Some states have no such requirement


In Georgia how long do you have to be separated before filing for divorce?

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


Is there a mandatory separation time after filing for divorce in CO?

No. There is no mandatory separation time in Colorado.


How do you file for at divorce?

You file for divorce by filing for separation first. Then, after a set amount of time that varies by the state, you can file for divorce or serve divorce papers.


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.


Do you have to be legally separated before filing for divorce in Tennessee?

No.


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.


Can you file for divorce in Ohio if your wife is pregnant?

No. This is one of the reason that the state requires a one year separation before the dissolution of marriage filing. The state will usually require the couple to receive marital counseling and a copy of such to accompany the filing.


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.


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.


What is the divorce requirement in the state of Georgia?

No one is required to divorce. If you need assistance with filing for divorce, you should speak with an attorney.


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.


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.


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...)


Can you leave the state after filing divorce papers?

not after filing divorce papers. you have to wait until ur divorce is final.


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.


Do you have to be separated before you file for divorce?

Depends on your situation. If your spouse is not a nice person, you'd want to move out before filing for divorce. If they would be very angry or liable to hurt you, you should leave first. There are some couples who continue to share a house while getting a divorce.


Actions to Consider Before Filing for a Divorce?

Actions to Consider Before Filing for a DivorceDivorce is a serious thing and there are lots of alternatives to divorce that should be considered. Before jumping to the final solution of divorce, there are things that you should consider. Certain actions exist that might save the marriage and keep the family together. Here are some actions to consider before you actually go through with filing the divorce.Marriage counselingThe first thing that should at least be considered is marriage counseling. Though not every single marriage can be saved and some problems can't be worked out, you should at least think about it. In some instances, a counselor can get people talking and the marriage can be salvaged. This is a lot easier and less expensive than going through an all-out divorce.Mediation is the answerAnother thing to think about is legal mediation. The role of a mediator is to get both sides talking. They are similar to marriage counselors, but they act in more of a legal role. This is a more formal setting that would come as you get closer to a divorce. Mediators are very good at coming up with strategies to get both sides putting their story out there.Legal separationThere are some times when the marriage just needs some time off. Legal separation gives people a chance to evaluate things on their own without the two people having to live together. In some instances, this can allow people to work out their issues before having to go through with a divorce.


If you file a legal separation in Kentucky how long do you have to wait before you can be divorced?

One year after filing.


How long must you be separated to be considered divorced?

some states require you to be separated for a period of time before you can file for divorce, and some dont require any certain length of time, but REGARDLESS you have to go through divorce proceedings to be divorced. Get a lawyer!


How long must a divorce ad run in the papers before divorce is granted in tn?

20 days after the filing in news paper Save


You have not seen your husband for seven years. Can you file for a legal separation?

Yes you can. However, you should consider filing for divorce instead. A legal separation means you would still be married. If you stay married and you die, he would be your surviving spouse and would inherit all or some of your property by law. You would be his surviving spouse if he died.You should consult with an attorney who can review your situation and explain your rights, obligations and options.Yes you can. However, you should consider filing for divorce instead. A legal separation means you would still be married. If you stay married and you die, he would be your surviving spouse and would inherit all or some of your property by law. You would be his surviving spouse if he died.You should consult with an attorney who can review your situation and explain your rights, obligations and options.Yes you can. However, you should consider filing for divorce instead. A legal separation means you would still be married. If you stay married and you die, he would be your surviving spouse and would inherit all or some of your property by law. You would be his surviving spouse if he died.You should consult with an attorney who can review your situation and explain your rights, obligations and options.Yes you can. However, you should consider filing for divorce instead. A legal separation means you would still be married. If you stay married and you die, he would be your surviving spouse and would inherit all or some of your property by law. You would be his surviving spouse if he died.You should consult with an attorney who can review your situation and explain your rights, obligations and options.