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What is the purpose of filing for a legal separation? |
If you already know that you want a divorce, is filing for separation necessary as well? Is it faster or easier than filing for divorce? Some states require it I believe. However, if your state does not than in most cases it simply acts as a pseudo-divorce and can increase the overall cost of the divorce when you convert it from a separation to a divorce. There are reasons people choose separation. Some religions don't allow divorce so if the couple already knows that neither one wants to remarry but they also don't want to continue to live together they may choose to have a legal separation to take care of the financial matters. Other people choose separation because of the impact that divorce might have on insurance or other benefits. If one spouse is sickly they may not get other insurance post-divorce. If children are involved then you should file for separation but if there are no children then why wait and hold on to the marriage any longer. Separation is a holding point to see if your marriage is going to work or not. You say you know what you want so why are you asking this question. To answer your question No it is not necessary it would actually cost you more money and a prolonged marriage that you obviously do not want to be in. Some states required it and maybe still do... and it helps to make one for sereral reasons..... children are taken care of during the waiting time for the divorce, the woman has more time to get herself together before being all on her own, it makes time to get all business in order, like who gets what and when and where.... the best thing to do is talk to a lawyer about all this..... God bless It makes sure that anything that happens legally or financially after that will not be the responsibility of either party. Many states require a couple to be separated for a certain amount of time before it will grant a divorce. because people used to go and file for divorce and end up getting back together after the process is already started. the courts figure that if you are able to stay apart for a year without getting back together, then there is no hope of reconciliation |
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