Legal Separation

Divorce terminates the marriage. However, in a Legal Separation you remain married but are separated. Issues regarding division of community assets, child custody and visitation, child support, and spousal support are the same in a Legal Separation as in a divorce. Two things significantly different in a Legal Separation than in a divorce is that there is the possibility of reconciliation of the existing marriage and there is no 6 month waiting period as in a divorce to make it final. If you are not sure if you want to end the marriage permanently, perhaps this type of proceeding is the alternative.

LEGAL SEPARATION

BY DEFAULT

With No Children or Assets and Debts.....$950.00
With Children or Assets and Debts.....$995.00

UNCONTESTED

With No Children or Assets and Debts.....$950.00
With Children or Assets and Debts.....$995.00

To Prepare Documents for Spouse (add).....$195.00

WHAT IS LEGAL SEPARATION BY DEFAULT AND UNCONTESTED DIVORCE?

Legal Separation by Default:

A legal separation by default is obtained when a party (Petitioner) files a Summons and Petition for Legal Separation against the other party (Respondent). The Petitioner causes the Summons and Petition to be personally served (service of process) upon Respondent. After having been served, Respondent has 30 days to file with the Court his/her Response to Petitioner’s Summons and Petition. Respondent’s failure to file his/her Response timely, gives Petitioner the option to file a Request for Entry of Default against Respondent. Once the court clerk enters a default against Respondent, and after proof that Respondent was properly served with the Petition, Petitioner can proceed forward with the action seeking the orders requested in the Petition for Legal Separation. It should be noted that although Respondent is in default, he/she can enter a Marital Settlement Agreement (a contract between the parties dissolving the pending issues) with Petitioner to resolve issues regarding division of separate and community property, child custody and visitation, child support, spousal support, and all other matters of concern. Entering an agreement will not disrupt the Legal Separation by Default.

Uncontested Legal Separation:

A uncontested legal separation is obtained when a party (Petitioner) files a Summons and Petition for Legal Separation against the other party (Respondent). The Petitioner causes the Summons and Petition to be personally served (service of process) upon Respondent. After having been served, Respondent has 30 days to file with the Court his/her Response to Petitioner’s Summons and Petition. If Respondent timely files his/her Response to the Summons and Petition, then Respondent has entered the action and is now a party to the action. With both parties in the action, they then enter into negotiations in the settlement of issues ranging from division of separate and community property, child custody and visitation, child support, spousal support, and all other matters of concern. Settlement of the pending issues can be resolved through a Marital Settlement Agreement (a contract between the parties dissolving the pending issues) or if settlement is not reach, then the matter goes to trial.

PUBLIC DOCUMENTS PLUS can help you prepare the documents associated to divorce matters that are either by Default or Uncontested. Call us and let us know how we can help you prepare your divorce documents.