Do you know that you have the option to file for a legal separation case with an attorney or without an attorneys at your discretion? Filing for a legal separation is different from filing for a divorce case so you need to understand what legalities are involved. The different laws will be applicable while filing for a legal separation case.
The legal separation case is when you want to get a divorce and hence before getting a divorce, you can opt for trial which is known as legal separation. Also at times, there is a need for legal separation due to various reasons which involve financial instability, conflicts, and misunderstandings.
While during the legal separation case you are not legally separated from your spouse but you are still married which is different from a divorce case. Let us go through with the process to file for a legal separation case.
Table of Contents
How Do I File Legal Separation?
1. Prepare Summon
Before proceeding towards the legal documentation you must understand what is summoned. A Summon is the first thing that is required to be delivered to your spouse so that he can get the notice of divorce or legal separation. although the procedure for filing for a legal separation case is similar to the divorce case hence someone is the first thing in both cases.
If you forget or do not communicate to your partner that you are filing for divorce or legal separation case through a summons then the court will not consider your case. The court may give you some legal troubles or penalties for not following the legal procedure.
If you are thinking that sending a summon to your partner may lead to bad consequences then you can hand over the summon through another party or by mail. But it should be checked that summons reached them. Also if the other party is not available then you can send the summon to their close household members.
2. Filing Documents
The according to divorce attorneys in Long Beach first step towards filing for a legal separation case is filling the application form. You will get the application from your state’s Court and you need to fill the form immediately. If you are delayed to fill the application form then it is possible that you might not get the suitable dates for proceedings.
alternatively, you can go online and find the course portal and fill up the application form in electronic mode. This is the easiest process but anyhow if you need help you can reach out to the health center of the court or your state where proper support will be available.
By reaching out to the court’s online portal you can get direct information about what documents will be required. There would be a case where additional documents will be required and you can use the online portal to complete the process as soon as possible.
3. Petition Requirements
The next step after filing the legal separation application form is preparing the petition that is counted as an entirely important task. Whatever things you demand from the case should be there in the petition as changing those things will not be after the petition is already filed. Also, the judge will only look at those things which are mentioned in the petition.
you can think of a petition as your voice in front of the judge. It will be the first thing that will be undertaken by a judge from your side for your legal separation case. Go through your petition 2-3 times so that you won’t miss anything or even if you miss you can add those after rechecking them.
If there are complex issues involved such as the custody of child or visitation rights then you need to communicate with your spouse so that the case can go faster and smoother. It will also help in getting the result of the case sooner.
4. Legal Separation vs Divorce
When it depends upon your situation about which kind of separation unit, a permanent separation or temporary separation, or maybe both. So for some partners on a trial basis separation is required and hence they use legal separation cases while for others permanent separation is much more suitable and hence divorce cases are filed.
The legal separation also gives opportunities to individuals to leave their own lives in separate ways by also getting the benefit of each other’s financial status and related things. This kind of structure is not followed by everyone but also found in various cases. You can choose yourself according to your situation.
5. Effects of legal separation
legal separation doesn’t affect only the spouse and your belongings but also it will affect the children and your family. Your assets will be divided and similarly every belonging you have but your children could not. They will be suffering in this case and hence legal separation is sometimes a better way from divorce.
while if you get a divorce then the decision gets final and you don’t have a say after that, whatever the court makes as a judgment that will be the final wording. You will have to adhere to the rules of the court and live those rules permanently. In this case, children will suffer more as their custody will be given and the parents are divided through the visitation timings.
Sometimes it is possible that you don’t understand what happens when you get a legal separation. At that time you might need to consult with the family law attorney in Long Beach and understand the impacts of legal separation. If you still want to go alone for filing the legal separation case then there is no issue because this is an easy process and you can do it alone by just understanding the basic legalities.
A family law attorney in Long Beach is the right person to help you out for understanding the case and going forward in the right direction. Also if you commit any minor mistake during the summon or petition or filing of form then these documents cannot be rectified after filed in the court. I wish you all the luck that prevails!