Prepare for Filing Your Case Learn about the requirements to file for divorce or legal separation to end your marriage or domestic partnership or both , and where to get help. Filing Your Case Get step by step instructions on filing your divorce or legal separation case, with links to forms, instructions, and where to get help.
Forms Find all the forms you will need to file your divorce or legal separation case, with links to the forms and instructions where available. Frequently Asked Questions Read answers to common questions related to filing for divorce or legal separation. Qualify for federal government benefits — Spouses may want to continue being married so that they can qualify for certain federal government benefits.
For example, Social Security benefits may be available if the spouses reach ten years of marriage and then divorce. Maintain immigration status — If one spouse is not a citizen, the couple may stay together until the spouse acquires full citizenship status or to maintain legal immigration status.
Lack of desire to end the marriage — In some situations, the spouses may not be ready to legally end the marriage. They may still want to work on their marriage but may want the protection that legal separation provides. The separation gives them additional time to determine if they actually want to get divorced. Eligibility for military benefits — Another possible reason spouses may stay married is so that a spouse of a military member may be able to qualify for military benefits.
Spouses must be married for a certain period of time in order for the spouse of the military member to receive certain benefits under the Uniformed Services Former Spouse Protection Act. Preserve inheritance rights — Most states will not automatically disinherit a spouse simply because there is a legal separation while they will do so in the case of divorce. Preserve other rights — There may be other rights that the spouses are able to preserve by staying legally married.
What is the Impact of Legal Separation? Legal separation may affect the following: Filing status — Depending on your state, a legal separation may affect your filing status and whether you can file jointly, married filing separate or as head of household. Debt obligations — Your separation order or agreement may state a specific date establishes when separate date will be recognized so that any debt accumulated after this point is the sole responsibility of the spouse who incurs it, if you live in an equitable distribution state.
The creditor may still be able to sue you for unpaid debt. However, you may then be able to sue your spouse or ask for the court to find him or her in contempt for not obeying the court order. Other financial responsibilities — The separation agreement or order may dictate further financial responsibilities, such as the responsibility of having to close a joint bank account and credit cards, being responsible for their own household expenses, having to maintain insurance or continuing to make mortgage payments.
Accumulation of wealth — A legal separation may also impact what property is considered marital property. A separation agreement or order may provide a specific date after which point all acquired income or property is considered separate and subject to division in any later divorce case. Some of these legal issues may include: Child custody and visitation — Courts may award legal and physical custody of the children to one or both spouses. These arrangements may be temporary until a more permanent solution is reached or until there is a material change in circumstances.
Property and debt distribution — The court can order the distribution of certain property and debt. It can order one of the spouses to have sole exclusive use of the marital home. The court may instruct the parties to keep or maintain possession of certain property. It can also order the parties to sell property if they are unable to reach an agreement about property. More permanent assets such as retirement accounts may not be part of this process.
Most retirement plans require a qualified domestic relations order before a retirement account can be split. The court can also divide debt between the parties. Classification of property — In some states, property and debt that the spouses accumulate while living separately may be considered separate property that is not subject to divorce. Some states classify the property depending on whether the spouse had the intent to end the marriage. Child support — If the couple has children, the court will likely order that a certain amount of child support be paid.
Even if joint custody is awarded, the court can still order child support. Usually, the amount of child support is based on one or both incomes of the parents and state child support guidelines, but there are situations where the guidelines do not provide for an appropriate amount of support. Spousal support — The court may also order spousal support that lasts for a certain amount of time, such as during the period of separation or until the separation is dismissed or a divorce action is filed.
Legal Separation vs. Divorce Legal separation and divorce establish certain legal rights and responsibilities, and the legal issues that can be addressed by the court are similar.
Pick your state. When Legal Separation is Not a Good Option While there may be certain benefits of a legal separation, in other situations, divorce is the better option. Bifurcated Divorces In some situations, a person may ask to be divorced from their spouse when not all legal issues have been resolved as of the date of the divorce decree.
Situations where this type of divorce may be granted include the following: One of the spouses want to remarry and does not want to wait for the official resolution of the remaining issues. I have started my Legal Separation case but it will take time to complete. I need a judge to order what will happen while I wait for the case to be completed. Schedule the final hearing. Use the court's form to schedule hearings, if there is one; otherwise use the Notice of Hearing , form FL All Family Note: Additional documents may be required by local county superior court rules.
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