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Contact a Miami Legal Separation Lawyer
Divorce and Family Law Topics
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Sometimes when complications arise in a marriage, divorce may not be the best solution at first. A couple might choose to get a judgment of Legal Separation in Miami if they don’t want to live together at the moment, but do not want to proceed with a divorce just yet. Whether it is for religious reasons or because an ill spouse is still covered by the other spouse's health insurance policy, learning how to file for a Legal Separation in Miami is probably the best option.
The process of Legal Separation in Miami consists of a few steps. It is similar to divorce proceedings, but obviously without the divorce. A judgment of Legal Separation in Miami will describe how the couple will handle the money and, if they have children, parenting issues. Because the couple remains legally married, neither party may marry someone else.
For those not sure why they should learn how to file for legal, think of it as an alternative to divorce. Legal separation stops short of actually ending the marriage, and is another possible remedy for marital problems. This procedure is available to either spouse, and the ninety-day domicile period of divorce is not required. As in with divorce, the court enters provisions for property division, allocation of debt, child custody and child support.
In order to obtain a Legal Separation in Miami, provisions must include findings that a marriage is either permanently broken, which is the same as dissolution of marriage, or that either spouse desires to live separate and apart from the other. Community property rights terminate in a Legal Separation in Miami case. However, if one spouse objects, the court cannot grant a Legal Separation in Miami decree. When there is an objection, the court will hear the case as a divorce case and make a decision.
After a Decree of Legal Separation has been entered, either party filing for divorce will invoke the property disposition approved during the Legal Separation in Miami decree. This may not be revoked or modified unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state. In other words, the decree is deemed to be final with respect to the division of property.
As with Dissolution of Marriage, a case requesting a Decree of Legal Separation is started with the filing of a verified petition and additional documents. The petition will claim the marriage is irretrievably broken and/or that one of the parties desires to live separate and apart from the other. The ancillary documents are the same as those filed in a divorce case. If you believe that divorce is not the immediate answer for your marital problems, Legal Separation in Miami is an option. An attorney can show you how to file for Legal Separation in Miami. It may only be a temporary solution, but it’s a step toward saving your marriage.
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Contact a Miami Legal Separation Lawyer
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