A plant takes time to grow and change before it is mature enough to start flowering. Each plant is unique, but all flowers need attention and help to flourish. It is not easy to understand what a flower goes through to get to the point of flowering and bearing fruits. We live by the beauty of the flowers and the sweetness of the fruits. They are attractive to look at and always brighten a room. This is similar to what our marriages go through. It is easy to admire someone else's marriage when you do not know how much they have to deal with.
When life's billows roll towards our marriages, we lack the solid ground to stand on because sinking sand is around us. Bearing the thought of being divorced is very saddening. This is out of the question for many couples. This leaves the option of legal separation, which does not dissolve the marriage. Therefore, the marriage is given a grace period to thrive once more.
Rhode Island allows couples to file for no-fault default or state ground for separation. It is the wish of a couple to pursue this legal process, alternatively to divorce. It is not a requirement that you must first go through legal separation to go through a divorce. When a couple decides to take the legal separation route, the processing is a lot involved. Here is a reliable guide that targets you answer all your questions.
Legal separation is not divorce, though the process is more like divorce. The process separates the two people legally and ensures important issues are settled. Legal Separation must be attained through a legal process where one party files a petition in court.
The legal separation helps couples identify if they can permanently live alone without their spouses or need them. The separation period will also help couples to work on their weaknesses. Finally, a separation will help to eliminate premature divorce proceedings.
If you intend to file for legal separation, you must ensure you gather all the facts necessary and are recognized by law. First, you are required to have information about your spouse; fill in your information, information about your children, and the residence for either you or your partner. It is also necessary to have a separation agreement that is readily prepared and signed by both of you and a witness. A separation agreement should cover important areas such as children's issues, spousal support, and others.
After the above-named documents have been prepared, the petition can now be filed in the right court. Take note of the family courts. After a week, the notice is served to your spouse within five days of filing. If the couple has not been living separately, the couple is notified to start living separately from that day. Hearings will begin and continue for a few months, and the judge will announce the case has been closed.
Couples who have been living separately may ask why they have to file for legal separation. One major reason a couple should consider taking legal process includes being able to settle issues. An informal settlement does not have the enforcement of the law and is based on the couple's understanding. Let's take a look:
Rhode Island is a state where people have the freedom to exercise their rights according to the law. This applies even when there are areas that are not favorable. For instance, some couples will encounter challenges that include:
A comprehensive comparison of options is important to understand and evaluate your options. With a closer look at legal separation and divorce, you will notice the similarities and differences. Let's venture into the differences that include:
After the differences, it's time to draw focus on the similarities, which include:
Rhode Island allows couples to get a separation order when they wish. Most people complain that the process is long. It is important to know that it depends on the couple's ability to agree. The separation agreement plays the role of ensuring that all issues are unresolved. Time is wasted when petitioning for a specific issue, for instance, alimony or child custody. Under normal circumstances, the process will take 6-9 months.
To file for legal separation, one has to meet a number of requirements. One of them includes a filing fee of $120. This will not be the total cost because other costs, like attorney charges, come with the legal process. If a couple has not set out all the issues in their separation agreement, more costs will be incurred because every issue must be petitioned.
When parents are going through a separation, children are affected. This is mainly in the child custody cases, as one parent has to take charge of their emotional needs. Child custody is determined mostly by the age of the child. For younger children, they are best under the care of their mothers. Older children may be placed under the custody of their fathers. When one parent is accorded custodial duties, the other is accorded visitation rights.
Child support is important and should be taken as a priority. Both parents should have financial input towards the child. In most cases, the non-custodial parent will pay solely for the support. A custodial parent has a lot to offer to the child and pays their support in numerous ways. The amount of support is determined by the number of minor children or ones with disabilities.
A trial separation is when a couple stays separately from one another. This arrangement is informal and is not interfered with by the court. All arrangements here are determined by word of mouth. Having this period is helpful for some because it helps to eliminate any undeserving legal separation process or divorces.
Rhode Island does not dictate that one must have an attorney to file legal separation. However, it is for your good. Attorneys help couples undergoing legal separation by offering guidance and advice. In some instances, the attorney acts as a mediator when a separating couple does not seem to agree on anything.
It is important to make preparations for the separation agreement in the right weight. This document is very important and plays a great role in ensuring no unresolved issues. This document must be prepared in the presence of witnesses, and both parties are required to sign. When filing legal separation, this document should be included. Details of the separation agreement must include:
The judge will review the separation agreement and determine its fairness to both parties. The interests of minors will also be considered.
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