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my wife says she wants a legal but that it will give us time to figure out what we ant ct.

2007-03-16 03:53:11 · 3 answers · asked by bob s 1 in Family & Relationships Marriage & Divorce

3 answers

A trial separation is when a couple both agree to live apart or at the same place, depending on financial situation, without maintaining the marriage relationship for a trial period. It has no legal status and the law would treat them as still married. The result can be either that they decide to get back together after that time period or to proceed with a legal separation or a divorce.

A legal separation is when a couple decides that they can no longer work things out and must petition the court for a legal separation. The courts can grant a legal separation pending a divorce action. During legal separation, the courts will decide on division of property, alimony, child support, custody, visitation, etc. and these motions can set the tone for what may be awarded in a future divorce judgement.

Note that a legal separation does not automatically lead to divorce. A couple can still decide to reconcile during legal separation in which they need do nothing legally to remain married. If they decide during the legal separation to divorce, they will have to proceed with filing for a divorce explicitly.

2007-03-16 07:51:36 · answer #1 · answered by bebe 1 · 0 0

I am not sure what a trial separation is. A legal separation means that you go to an attorney and tell them that you want a legal separation. You will be given a paper to take home and fill out. The paper will have on it about how many children you both have and you and your wife's income. If she is not working and has no income then you will be giving her money to live on. I don't remember everything that is on the paperwork.I don't think that it cost anything to file for a legal separation. A legal separation is as long as you both want it. My first husband wanted a legal separation from me and brought the paper home to fill out but I did not want a separation. We got divorced.

2007-03-16 04:08:43 · answer #2 · answered by Nancy M 7 · 0 0

Trial is where you both agree to split for awhile. Then legal is where you both go to a lawyer and draw up papers to have it legal..

2007-03-16 04:01:22 · answer #3 · answered by B 4 · 0 0

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