My husband and I are going to separate. We have no kids together and our property deals could be easily taken care of without lawyers, plus neither of us have enough money to get good lawyers. should this be an easy split? Need advice. plus is legal separation papers necessary without us having kids.
2007-09-07 04:22:21 · 7 answers · asked by missy j 2 in Family & Relationships ➔ Marriage & Divorce
Go to the family court website for your state. You should be able to fill out all the paperwork yourselves if there is nothing being disputed. You might want to have a lawyer take a look at it before you file it just to make sure you did it right but that would only be a couple hours of work so it should be relatively affordable.
2007-09-07 04:30:39 · answer #1 · answered by LB 6 · 0⤊ 0⤋
Legal separation papers aid the legal process of dissolving a marriage by establishing a documented chronology of events... (In much the same way as a police report would bolster the strength of a subsequent restraining order in domestic situations), each step shows a legal necessity for the next successive link in the legal chain. Apart from that, the legal separation papers give you some protection against charges of adultery in case one or the other should decide to sue their partner on that basis...(do note, however, it's scope is not retroactive and it does not excuse any infidelity that occurred prior to its issuance). So, to answer your question more directly, it isn't absolutely necessary to file legal separation papers as a precursor to divorce if you're reasonably certain that niceness will prevail throughout the process, but in general, if things were that amiable, you probably wouldn't be getting divorced in the first place, so it's a wise precaution to have the legal separation anyway. (Final note: even under the best of circumstances there is no such thing as an easy split). Good luck to you both.
2007-09-07 04:50:40 · answer #2 · answered by Captain S 7 · 0⤊ 1⤋
yes it will be easy. You get the paperwork from the courts and it can all be done yourself. You file uncontested which means you equally agree and you both write up (just on Word doc) what you are both agreeing too as terms of your divorce..who gets what) you file it all with the courts, pay your fee, and wait for the judge to sign off to make it final.
The only time it gets bad is when kids are involved.
If you don't want to do it yourself, they have document servies, just look up in the yellow pages. Its cheaper than a lawyer.
2007-09-07 04:58:46 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes separation papers are needed because if you don't file a legal separation one of you can empty the bank accounts and leave the other one with nothing but the bills. A legal separation "freezes" all marital assets as well as debts pending division of assets/debts in in a divorce.
2007-09-07 19:18:18 · answer #4 · answered by Anonymous · 0⤊ 0⤋
There is no such thing as a legal separation becuase there is no illegal separation. You can get do it yourself divorce kits online. Division of assets need to be handled in legal form and the rest is all cosmedic..
2007-09-07 04:38:04 · answer #5 · answered by a2z_alterego 4 · 0⤊ 1⤋
very easy split assuming you both stay level-headed and agree on everything.......legal separation depends on where you live, there is no such thing where I live..........
2007-09-07 04:29:15 · answer #6 · answered by abc 7 · 0⤊ 0⤋
I think you should always get a free consulation with a divorce attorney. There might be something they can give you advice on that be beneficial.
2007-09-07 04:29:10 · answer #7 · answered by Tarheel mom 3 · 0⤊ 2⤋