Process of Claiming Legal Separation

Art. 100. The legal separation may be claimed only by the innocent spouse, provided there has been no condonation of or consent to the adultery or concubinage. Where both spouses are offenders, a legal separation cannot be claimed by either of them. Collusion between the parties to obtain legal separation shall cause the dismissal of the petition. (3a, Act No. 2710)

Legal Separation Process

How To Get A Legal Separation

Are you wondering how to get a legal separatione? Do you know the procedure of getting this? Read this article further if you want to know the legal procedure of getting a legal separation. Many marriages end up in separation. Getting a legal separation is not an easy job. It can turn even more difficult if you do not know the legal procedure for it. Also, you require proper legal guidance and emotional support from your family to go through this turbulent phase of your life. Read on to know more about how to get a divorce.

When a couple faces a troubled relationship and want to know how to get a divorce, they should not think of separation at first. Try to resolve the conflicts and undergo therapy and counseling sessions with your partner. Try to keep your relationship alive by spending quality time together. However, if there is no hope left, then you can advance to file for legal separation. It is one of the most difficult decision to make and can change your life completely. However, it becomes difficult to survive when the couple does not share a good relationship. An unhealthy relationship between the parents can have negative effects on the child as well. However, getting a divorce is a very daunting task.

Planning how to get a legal separtion will reduce the pain

To minimize the tussles and hardships that you might have to face while you are going through the divorce procedure, you must plan it carefully. Being familiar with the how to get a legal separation proceedings will benefit you. This will also enable you to make sound decision and reduce conflicts. At first hire a legal advisor. Your attorney not only handles your case but also provides you with suggestions that can prove to be quite helpful during and after your divorce.

Every state has different laws regarding how to get a separation. Before you file for legal separtione ensurthat you are aware of the laws of your state. You can even enquire your attorney regarding the laws on how to get a legal separtione  in your state. This will help you in carefully planning your case. It can also be beneficial in presenting and executing your case it in a better manner.

Also, you must gather all the required documents for the filing of the legal separtion. These papers must have record of names, account numbers, addresses, and phone numbers for all the assets and debts you have. Also, ensure that you have a good credit record. The second step is to establish a reason or the grounds on which you are seeking divorce. However, many countries now follow “no-fault” legal separtione laws in which you need not state the reason for divorce.This makes it easier in the whole how to get a legal separtione process.

Investigate how to get a legal separtione and decide who should file the legal separtione petition

The person who first files the petition for legal separtione is called the plaintiff. Being the plaintiff can be advantageous as he or she can direct the case in its initial stages. Also, the plaintiff’s lawyer gets to argue first. If you are dependent on your partner for financial support or if you wish to have your child’s custody then you can file for temporary orders for support and custody. In case you are the one to file the petition for divorce then you can file for temporary orders along with it. However, if you are not the one who has filed for divorce but you wish to file for temporary order for support and custody, then file for it as soon as possible. Remember to either close or freeze your joint accounts.

If you are the one filing for legal separtione , you also need to file the Proof of Service of Process. This is a document that ensures that the other person’s lawyer has been provided with a copy of the petition. If you are the one receiving the petition, then you need to file Response to the Petition for Divorce. In this document you can take a defensive stand and other issues, such as child custody, property division, etc. can also be stated. After this has been done negotiations are made on important matters. These things you will learn with how to get a legal separtion.

The next step is to go to trial. However, after leaning how to get a legal separtione and what is involved, many people prefer not to go for it. It takes a lot of time and is also an expensive procedure. But in case some issues have not been satisfactorily resolved during negotiation can be taken up here. The custody of the child is the most important matter. The decision taken by the court regarding the child custody depends upon a number of factors such as the relationship of the child with both the parents, who is more capable of taking care of the child, with whom the child is living presently, etc.

The last step in how to get a divorce is the Order of Dissolution. This Order not only ends the marriage but also provides the details regarding the division of property, custody of children, financial support and other important issues. The Order of Dissolution dissolves all the legal ties between the two parties.

Learning how to get a legal separtion and going through with it can be financially draining. The increase in the expenses, division of assets, etc. can leave one worrying about his or her finances. In order to prevent the division of your assets you can ask your attorney to file for financial restraining order. It is one of the essential steps to be taken at the initial stages of the case. In learning how to get a divorce,a mutual consent for divorce between the partners can lower the expenses of the proceedings. To bring down the expenses you must provide your attorney with the proper documents and records, this will ensure that your attorney requires less time to review it and thereby reducing the fee.

There are a number of common mistakes that people commit while getting legal separtion . These mistakes can jeopardize their case and also prove detrimental. Some of these mistakes include sending hateful texts, letters or emails to your partner, taking rash decisions, no financial preparation, resigning from the job, leaving the town, etc. One must avoid these mistakes to have a secure life post divorce. Do not rush into taking any decision regarding divorce. Separation of a couple not only affects their life but is also detrimental of their child’s future. Thus, you must consider all the matters before you decide to part ways. One of the hardest things to do once you learn how to get a legal separtion, is work things out and not go through with it.

For example in Los Angeles there two process of going  about this situation as outline by the family law in los Angeles, legal separation or annulment and divorce even though they may seem similar they are two different court process that have wide legal expertise at any given time. Legal separation is in line with divorce but has some different that can be exposed like parties that seek to go for legal separation are usually not to remarry. Most of them end up going for marriage dissolution at the end which increase the cost of separation, which may not be wise to many people who are looking for ways to save they costs in the process, the family law in los Angeles requires both parties to agree on how their assets be divided, parenting action to be adapted if you have children in your marriage or any other factor outlined in your prenuptial agreement. The are options that may render a couple to opt for legal separation like insurance policy that covers both spouses, religious factor, Christians do not approves divorces therefore you may consider a legal separation instead of divorce, since your relationship is still valid and life.

Annulment is a process the a declares a marriage null and void, this is deemed as where a there court does some research as outlined in the family law in Los Angeles, there are various aspects that may bring the issue of marriage being annulled one is if any of the marriage partner was underage in time of marriage the court has no option but to term the marriage null and void, that illustrates that the marriage never happened and no claim can be made at this time. when your marriage is annulled you cannot claim any benefits like spousal support since the law has cancelled any point of contact with you and bear no responsibility to take care of you, however there are other marriage law that are looked upon before the jury make their decision, because of certain common marriage law, the time spent together may restrict the judge from annulling any marriage further more if in your marriage you have children with your partner you can have your application to have marriage annulled rejected, for you will be required to take care of the children, instead the jury may give you option to take up  marriage dissolution process that will hold you responsible for spousal support and child support.