I am trying to get some info. about a legal seperation. how long it takes? ect.. we aren't fighting over anything.

Asked over 2 years ago - Euclid, OH

we have been sep. since 5-2010 i have custody of children and ive been getting child support since sep 2010. its just he is starting a bankruptcy case and i want to protect my self and my assets

Attorney answers (3)

  1. Joseph T Ostrowski

    Contributor Level 13

    4

    Lawyers agree

    Answered . It should be fairly quick and simple. If you do not have children, information would lead me to indicate that you can separate without an agreement. Look at the County website under domestic relations or look at the Cuyahoga County web site and find domestic relations and it basically gives you a "do it yourself" ability.

    Good luck.

    Legal disclaimer: I am not your attorney and we have no attorney/client relationship. This response is submitted... more
  2. Brian Alan Sommers

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . A legal separation is a process where you and your spouse remain married, but have a court order setting forth terms for support, custody and other matters. The down side to a legal separation is two fold. The first you are still married and you cannot get remarried if you meet a special someone. The second, you may, by your actions, can void the legal separation. Unless you have a special circumstance, I suggest that a divorce or dissolution is better. I suggest that you speak to a lawyer experience with family law in your local area.

    As for the bankruptcy, your spouse can discharge his/her responsibility on any joint obligation. If filed, you should receive notice. I suggest that you speak to lawyer who is familiar with bankruptcy in your local area.

    Best of luck

    Legal disclaimer: The response does not form an attorney-client relationship. Further, the response is not... more
  3. Loretta Marie Helfrich

    Pro

    Contributor Level 15

    Answered . A legal separation is basically the same process as divorce or dissolution. That is, it is a process where if both parties are in agreement they can file a separation agreement with a petition for legal separation with the local domestic relations court. If both parties are not in agreement then one can file a Complain for Legal Separation as opposed to filing for a divorce. The end result is that you have all debts, assets and parenting issues settled by court order but your marriage is not actually terminated.

    This process can be used if ones religion prohibits a divorce or if a party had a serious illness and needed to be maintained on the spouses medical insurance. It is seldom used any more. A lot of insurance policies no longer allow a spouse to carry the other spouse if they are not in the same residence.

    I suggest that you immediately speak with a family law attorney. You may need to file a complaint for divorce to protect any property issues. Once you meet with that attorney they may or may not recommend that you also speak with a bankruptcy attorney if you have a lot of debt and little in assets.

    In any event, please seek a consultation as soon as possible. It is critical that you determine if you need to file and to do so timely.

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