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Changing Legal Separation to Divorce

Changing Legal Separation to Divorce

If I get legally separated, then later decide to turn it into a divorce, do we need to re-litigate all of the property, financial and custody issues?

No, the separation agreement which would be in place as a result of the legal separation, will be the same agreement which governs in the event of a divorce.

Legal Separation

Legal Separation

What does legal separation mean?

Legal Separation is when a court issues an actual document called a Separation Agreement which divides all assets, debts, awards maintenance if appropriate, and deals with any custody, child support visitation issues. A Legal Separation resolves all financial and legal issues between the parties, but in the end you are still married.

Access to House After Divorce

Access to House After Divorce

If she left and moved out, how long do I have to give her access to the house. Uncontested divorce is filed already.

There is no set time period unless stipulated or ordered by the court.

Rights to Maintenance

Rights to Maintenance

Is my wife automatically entitled to maintenance?

No, your wife is not automatically entitled to maintenance. The Court considers the earning ability of both parties, the standard of living enjoyed during the marriage, the length of the marriage, and whether or not your spouse can support herself without continuing assistance from you.

Formula for Calculating Maintenance

Formula for Calculating Maintenance

I heard that there is a formula for maintenance?

No, there is no formula for maintenance. The Court considers each case individually. However, if your combined gross incomes are $75,000 or less, there is a presumption that your spouse is entitled to maintenance on a temporary basis.