Another time when legal separation may not be a good option is when the spouses know they want to divorce and their marriage cannot be repaired. 如果双方都得出这样的结论, 一个合法的分离, 几个月后就被推翻了, can simply delay the inevitable duplicate work and increase costs. 如果这段关系被滥用, the abused spouse may not be able to reach an amicable settlement with the abusive spouse, 合法分居可能需要哪些条件, as the abusive spouse seeks to use legal issues as another form of violence. Separation agreements can contain provisions for anything a couple wants to define before legal separation. These typically include: Advocates of legal separations and states that recognize them say that the separation process gives couples time to decide if they really want a divorce to officially end their marriage. It should be noted that legal separation gives them time to think about whether they want to divorce, 参加咨询, 恢复不明智的行为, 试图在一起稳定他们的婚姻. In some states, legal advice is needed to make a separation agreement legally binding. Your lawyer will apply to the court for a judge to sign your separation agreement. 有些州不承认合法分居. If you reach an agreement with your spouse in one of these states without it being ordered by a court, you will not have legal protection under the law in case your spouse decides not to comply with the agreement.
Filing legal separation is usually done in the same steps as filing a divorce petition. A spouse usually files an application that contains certain information, 包括识别当事人和他们的孩子, 你合法分居的理由, determining that one of the spouses meets the residency requirement, 并满足其他法律要求. 大多数州都承认合法分居, 特拉华州除外, 佛罗里达, 乔治亚州, 马里兰, 密西西比州, 新泽西, 宾西法尼亚, 和德州. 然而, the requirements for legal separation and its effects may differ from state to state. 在法律上不承认它的州, the couple will continue to be treated as a married couple, 即使他们在物理上是分开的. In many ways, legal separation is comparable to divorce. So why would anyone go through the separation process instead of getting divorced? Some of the benefits of legal separation are: Each case is different, and there can be several reasons why someone prefers legal separation to divorce. For more advice on separation and divorce, see Tracy`s book Divorce 101. Some States will require or recommend mediation in situations of legal separation in an attempt to bring the spouses to an amicable settlement. 经常, the judge approves the agreement when the parties have reached it together, but there may be certain legal rules that the judge must follow, 如.
B放弃儿童福利. 配偶可以指定一名家庭法律律师. The same lawyer usually cannot represent both spouses due to the inherent conflict of interest, 如果夫妻一方想请律师, 他或她通常需要自己的. 除了, most states allow divorce if the spouse is mentally disabled for a certain period of time. 例如, a person who is institutionalized because of a serious mental disorder may not have the capacity to consent to divorce. There are many reasons why people may choose an unmarried separation instead of divorcing. Here are the most common reasons why couples apply for separation without divorce: If the couple decides to divorce after an initial legal separation, one or both spouses can apply to the family court to convert the separation agreement into a divorce order. 然而, spouses generally have the right to review or withdraw any agreement reached during legal separation.
Some States limit the period of validity of legal separation. 例如, Utah only recognizes legal separation for a maximum period of one year, so any support issues after that date should be dealt with separately, 或者双方应该走向离婚. In some states, divorce can only be granted after a certain waiting period. 有关分离的更多信息, 请参阅和解协议手册, an excellent resource with state-specific information that includes frequently asked questions about this important document. There may be several requirements before one or both spouses can apply for legal separation. 这些法律因州而异. 在一般情况下, spouses must meet certain residency requirements to be eligible for legal separation, which may require that one of the spouses has lived in the state and county for a specified period of time. 正如上面提到的, some States grant legal separation only if the spouses are able to reach an agreement on legal separation. If the spouses cannot reach an agreement, the court may not have the power to order legal separation.
Some states may require the spouse to have certain legal grounds before a court can order separation, 比如不忠或残忍或野蛮的对待. 合法分居是离婚的另一种选择, in which the spouses have a court that officially decides that they are physically separated. 这和“试分居”不一样,” where a couple may decide to attempt separation before taking another lawsuit. This is a separate legal action that is recognized by the court and may have certain legal effects depending on the state. .