What Are Separation Requirements Before Divorce
The separation requirements before the divorce depend on the state you are going to file for divorce. Some states will make you stay separated for several months or even for a year or two before you can finally switch to divorced status. While in other states you will have to cover the waiting period and residency requirements only.
Overall, if you are not required to get separated according to the local law, you can do it by your own desire, too. If you wonder why is it better to separate before divorce, the truth is simple and considered both when you are lawfully required to get separated or act on your own will.
The separation period is granted for your to try out living and managing your personal business apart. Plus, you can use this time not only to understand whether your life separately is better than together but get prepared for the divorce process itself properly.
If you hesitate about what decisions are more suitable for your case regarding the separation process, you should better ask your attorney for professional advice and directions on further steps to avoid common mistakes and reach the expected results easier.
How Long You Need to Be Separated Before Divorce
The time how long you have to be separated before divorce depends on the jurisdiction you file for marriage termination under. Here are examples of the duration of mandatory separation before divorce in different states:
● No separation requirements - California, Texas, Florida, and Georgia.
● One year - New York, Ohio, North Carolina, Virginia.
● Two years - Pennsylvania, Illinois, and New York for contested divorcees.
In some states, different separation times may be applied depending on the circumstances around the divorce. For example, whether you are after contested or contested divorce, whether you have minor children, or whether you have a separation agreement in place may either prolong or decrease your separation duration requirements. In any case, you have to consult local law regulations and cooperate with your family law attorney to understand your separation and divorce requirements properly and make relevant decisions on the processes.
United States
Varies by state, some states require a separation period of several months to a year before filing for divorce.
Canada
No mandatory separation period, but some provinces require a one-year separation period before filing for divorce.
United Kingdom
No mandatory separation period, but divorce cannot be filed for until the couple has been married for at least one year.
Australia
No mandatory separation period, but a couple must have been separated for at least 12 months before filing for divorce.
India
No mandatory separation period, but a couple must have been living apart for at least one year before filing for divorce.
France
No mandatory separation period, but a couple must be living separately for at least two years before filing for divorce (or four years if the separation is mutual).
Japan
No mandatory separation period, but a couple must have been living apart for at least six months before filing for divorce.
China
No mandatory separation period, but a couple must have been living apart for at least one year before filing for divorce.
How to File for Divorce if Separation Is Required
When you find out that the answer to the question ‘Do you have to be separated before divorce?’ is affirmative for your jurisdiction, you may wish to discover what the filing process is. Although it doesn’t differ much from the regular one, you’d rather review its key points not skip anything important:
1. Meet the requirements - before you can appeal to any legal process as a married couple residing in specific states, you need to qualify for it. This implies meeting the local requirements. It covers residency for a specific time under the same jurisdiction and a waiting period if it is present in the local law. Commonly, it is either of you who needs to claim residency requirements, but you need to check out the requirements in your state to know for sure.
2. Meet the separation requirements - if separation is a must in your local divorce law, you have to cover it along with other complementary requirements before moving on with the process. Commonly, you have to live apart for a specific time, avoid sexual interactions between you and your spouse, and manage other personal issues independently. You can also enter into a separation agreement to regulate your relationships during this time if you need it.
3. File the papers - as soon as the separation period is over you can deliver your divorce docs to the family law office. You will be required to include all the details on your marriage and divorce intention, as well as your views on the regulations you may need to apply afterward.
4. Serve your partner - let your paper know about your divorce intentions officially by serving them with all the papers you handed to the court earlier. You can do it on your own or use any of the methods allowed by the local legislature.
5. Wait for a response - after serving your partner will typically have 30 days to provide the response with their own proposal on the divorce conditions. This is where you either need to agree or contest their response defining the ton of your divorce process further.
6. Visit the court - if you cannot agree on the marriage termination between you two, and/or mediation doesn’t do any good to you, you should move your case to court. Then the hearings will be appointed and you will deal with any contested issues there.
7. Finish up to the divorce - as soon as the agreement on all the divorce-related issues is settled, the judge will sign the final decree, and your status is officially switched to the divorced one.
Mind that all the state-law-relevant peculiarities may change the process you are to go through. You will manage your situation easier if you have an experienced lawyer by your side and cooperate with any specialists you need for your case to end up successfully.
Conclusion
When you plan to finalize your marriage successfully, check out do you have to be separated before divorce and review any other local law requirements. Collaborate with your family law attorney to analyze your case peculiarities, get sure you comply with the local legislature, and come up with a strategy that can help you cope with your marriage termination in the top beneficial way.
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