It is okay to feel disappointed and have difficulty wrapping your mind around the issue. Marriages that seemed very promising may affect couples more. Time will help you recover, and you could use a little break. Couples in struggling marriages in Kentucky can seek a legal separation. It is granted by the court to give the couple some time to cool off. The time taken can also be used to decide if the couple wishes for the marriage to be dissolved or opt for reconciliation.
Despite being a legal action, it does not imply that the marriage is over legally. Legal separation can allow you to continue using some of the privileges in marriage, thus giving you an advantage. If you intend to file for separation, there are many things you need to know. This article provides comprehensive information on how to go on with the pursuit of legal separation. Hopefully, you will have all the answers you need in the end.
Legal separation is a way of helping troubled couples in marriage ascertain if they want to file for divorce or not. Separation is a decision made by a judge to have a married couple living separately. The separation includes child custody, and financial separation, among other things. In some instances, the judge will issue restraining orders following the reason to seek separation.
There are a few steps and requirements for filing for a legal separation. But before we get there, it is important to note that you cannot file for separation when one partner has filed for divorce. If you think you need to file for divorce, it is necessary for Kentucky to be separated for a period of one year. Legal separation is sought by couples who seem to have problems agreeing on child custody and separation of assets.
In order to file for legal separation, the following steps should be taken:
During the witting period, it is also time to discuss and agree on issues like child custody, spousal support, and property division. Failure to agree on these issues, the judge takes up the task of deciding.
There are advantages to filing for separation. Yes, it provides you with time to cool off and self-realization and collect. When we pursue a legal separation, there are a few things we continue to enjoy since the two are typically married. The advantages may range from:
Seeking legal separation in Kentucky also has some downtimes. The highlights will range from:
Legal separation is similar to divorce, as well as differences. You may not be sure of what you need at the moment. At a time such as this, you need a solution to help you reach a final decision. This is what legal separation offers, while a divorce is final. You may choose reconciliation after the separation period if your issues are settled.
The court may resolve a few issues during a legal separation, just like the case during a divorce. The issues are mainly affected by the separation, including child custody and support, managing debts and assets, and others.
Before you can start the process of filing for a legal separation, it is important to know ho0w much it may take. This may be difficult to ascertain since every case is unique by the turn of events. However, on average, the time required to get the separation is between 3 to 6 months. Once the separation is granted, the couple should stay separately under the law for a period of one year. From which, the two should either resolve their differences or choose to file for divorce. The period of one year can be cut short if the couple settles for divorce.
As stated earlier, any legal activity is set to be time and resource-consuming. Upon filing for a legal separation, you are to pay a court fee of up to $115 to $ 250. If you decide to use counsel help, you will be spending more cash. It is known that counsel time is paid at an hourly rate. You want an experienced one; thus, the cost rises.
Child custody is most disputed over by separating couples since they all would like to stay with their children. When there are minors from the separating marriage, the parents are given the first priority to decide. If they fail, the court takes up the decision-making. In such an instance, the court rules in the matter similar to a divorce case. Child support, visitation, and restraining orders may be issued in special cases where necessary.
Any legal process will take time before all the processes are concluded. This time may be too much for a couple in a troublesome marriage. A trial separation is applied when either of the spouses wants time off but is yet to decide which option to consider. Any agreement made during this time is verbal. The court does not take part in the trial separation. For most couples, this is when they evaluate how life would be if they get separated or divorced.
During this period, the couple will agree on spousal support, child custody, support, and management of their debts and finances. This trial period is important since you are required to have separated for six months before filing for a legal separation.
Applying for a legal separation from yourself is a good idea. However, the marriage is already chaotic, and some simple things cannot be agreed upon. In the presence of an attorney, some arguments will be civil and toned down. This is why it is necessary to seek an attorney when pursuing a legal separation in most cases. Other times it would be important for both parties to be informed about their rights. In some instances, financial advice is necessary, and it is in order to consult an attorney. In the end, you will be able to determine that their time was valid. On the other hand, you get extra costs to meet since you will most likely pay for their services at an hourly rate.
The law in Kentucky will allow you to have a legally binding agreement; the couple or the judge signs that. This agreement is necessary during the separation process, where it plays the role of promoting a settlement that is fair to both parties. Legal processes that feature disputes will take longer before fully settling matters. When such an agreement is made, it prevents disputes.
For the agreement to get approval by a judge in Kentucky, it must be fair for both parties and must also be known to both. The court will encourage both to work out the plans, as they know themselves best and how they will get around certain issues.
Honesty is a virtue that plays a great role in preparing the separation agreement. This is because the agreement must include the following issues:
This document is given out in court before the separation proceedings begin. There are helpful tips for writing a good separation agreement; remember, it will be given to the court and must be accepted. First of all, determine the priorities, in most cases being the children. It is also important that the couple negotiates all aspects on a neutral ground. This should be done on issues affecting both parties. Couples should discuss the division of physical property, including all household items. Things that cannot be divided, it is important to negotiate which party needs it more, thus being considered.
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