How to File For A Legal Separation With Children Involved
Marriage is the joyful bond that a couple takes to openly show their affection to each other but after a long or short period of time, the happiness and laughter might be replaced with quarrels, fights and misunderstandings leading to an unhealthy relationship. If push came to shove, Legal separation or divorce is usually the last option to solve the problem. Legal separation is different from divorce since in divorce the couples can go on and remarry while in legal separation one is not allowed re-marry. A divorce is necessary after a legal separation when one of the parties decide to re-marry.
The couple must have stayed in a city for at least six months for the cities court to have a jurisdiction of deciding child support and custody (the specific period varies from city to city). Issues that have to be decided for a legal separation include; child custody, child support, parenting, visitation time, asset division, spouse support (alimony), personal and real property division and debt division.
Complaint request has to be applied to the domestic relations department, contacting your personal attorney or to the cities court. Documents concerning this request are available at the department for guidelines. The other couple has a specific limited amount of time to respond to the separation claim when necessary. The client is required to state clearly the reasons for requesting a legal separation, or if there is a misunderstanding between the couple, the court is allowed to investigate their situation and came up with conclusions.
The two parties should come up with mutual agreement on the custody and the well-being of the children or leave it to the court to decide. The two couples can each state their request on how they want their children to grow up each giving their respective reasons; this will help in deciding on the outcome. Having an attorney is important in drafting a good separation claim involving children; this is to avoid loopholes where the client may lose the child’s custody.
. The counter petition is a usual occurrence when the court outcome is not favourable to one party; a judge is contacted to try and solve this situation.
When all the issues have been agreed upon, the spouse signs an agreement in front of their witnesses, the court clerk files the agreement in their records for the judge’s approval. The spouse is each given a copy of the document where they will be sure to keep it safe. If one of the principles breaks the agreement, a judge can be consulted for punishment or for revision of the agreement. Joint custody is the usually preferred option where the children stay with the primary parent for more than fifty percent of their time with the regular visitation of the other parent. The two parents can consult on the issues regarding the upbringing of the child, like; type of education, religious background, career objectives, recreational, social and health issues.