Nearly forty to fifty percent of American marriages end up in divorce. But before you lawfully divorce your partner, there are better options to consider. First, there is therapy. If this does not work for both or either of you, then try filing for legal separation.
Separation, unlike divorce, means the spouses live in different homes but stay legally married. You can choose to separate as you await the court’s judgment legally. Before you know how to file for legal separation, get to understand the types of separation agreements.
Types of Separation
Trial separation means you and your spouse do not live together. During this split, you can choose to reconcile or file for a divorce. In terms of financial status, the property is owned jointly.
Permanent separation is more serious. It is for partners who separate with the intention of divorce. Assets and earnings acquired during this separation belong to the concerned spouse. When you choose permanent separation, do not risk moving in with your partner or spending a night for good time’s sake.
Finally, there is legal separation. It can only be made possible by a family court. You will live separately with your partner, and every party will retain their financial assets. How to file for legal separation is tricky, but with the help of a divorce attorney, all will be well. The main reasons for legal separation are insurance and custody.
How to File for Legal Separation
First off, check your state’s requirements when it comes to separation. Your Knoxville, TN lawyer will have all the information about residency requirements. If you and your spouse meet all the requirements, you can proceed to the next steps. With the help of your attorney, you will pay the filing fees and successfully move to file for a separation petition.
Next, you must file a legal separation agreement. This agreement will entail all the restrictions and rules governing.
- Child support
- Spousal support
- Child custody
- Child visitation
- Ownership and distribution of properties and assets
- Dating other people during separation
- Debts and financial issues
If you are not using a family lawyer, then serve your partner with the agreement. They have thirty days to respond to the petition, and after they do, you can move to resolve pending matters and counter-petitions. A separation attorney comes in handy when both parties can’t see eye to eye.
After all is said and done, it is time to sign the legal separation agreement finally. Afterward, it is notarized, and the court clerk files it in the court’s records. Do not do anything suspicious or impulsive before the agreement is recorded in the family law court.
Lastly, your separation lawyer will hand you a certified copy of the agreement for your records. Liaise with your Tennessee legal separation attorney to ensure you are always abiding by the rules.
Knoxville Divorce Lawyers
In Tennessee, a legal separation is when both partners reside in separate households and agree that their marriage has deteriorated so much that it’s no longer viable. The couple remains legally married for all intents and purposes, but they have agreed to live separately.
Hiring a competent separation and divorce attorney means you don’t have to stress how to file for legal separation or divorce. Get in touch with your local family law expert and settle any legal family issues today.