How long do you have to be separated before filing for divorce?

How long do you have to be separated before filing for divorce?

There are times when couples wonder when they are eligible for divorce after separation. The easiest answer is twelve months and one day from the date of separation.

So how do you define separation? Separation does not mean living in separate places. It is not solely defined in terms of physical separation. Because there are times when couples are subjected to physical separations like in case of couples where one partner could be working for the military or be in a nursing home.

The separation period starts in any of the following cases

  • When there is an intention of separation by one or both spouses
  • Suppose one of the spouse decides to move out of the home or resolve to use a separate bedroom
  • In situation when only one of the spouse decides on separation and lets their intent be known to the other
  • It is from the date of that intention when the actual time period of the separation start.

What is a difference between a separation and a divorce?

A legal separation is an alternative to a divorce. A divorce can permanently end a relationship, a legal separation helps keep your marriage inn place. Like a divorce couples can file for separation of assets like property or business. In a separation you are still husband and wife and that lets you enjoy certain privileges. It is something which is recognised by the court and could change the dynamics of your wedding.

There could be many reasons why a couple decides to get separate. Some couples feel that they ned a certain time apart from each other to think about their marriage and whether they would like to make it work or all it altogether. The separation period allow couples time to think on what I important for them.

Legal separation allows one of the spouses to enjoy social security services which might end with a divorce.

Not everyone could opt for legal separation. For that you need to make sure whether the place which you live I recognises legal separation. However, it should be kept in mind that legal separation can only be held for a certain time period. For some places it’s exactly a year and in other places it would somehow be the same.

Protect yourself with family lawyers in Gold Coast and find a lawyer to help you decide what your options are when it comes to separation or divorce. A good family law firm in Gold Coast could help you with legal issues pertaining to your marriage and child custody. If you wish to go ahead with divorce after the separation period is over you would need the services of a professional family lawyer. They would be able to guide you through the legal proceedings and help make the process as smooth as possible. There are bound to be a bit of disagreement in both parties but nothing which cannot be resolved in your lawyer’s office.

2018-10-31T05:33:34+00:00