My husband and I are wanting a legal separation (separate maintenance). What are the steps for this? We have the paperwork drawn up already, if this is agreed upon, does it have to go before the court?
When you say you did paperwork without knowing the steps, you are in legal trouble. To be your own lawyer, which is a bad idea, you need to read enough, watch enough cases and study enough to know all the steps, and how to address hitches that may pop up. (Note that separate maintenance is not the same as legal separation, and if you don't know what it is and is not, and what your options are, not sitting down with a lawyer is a bad idea). Yes, a pro se litigant will go to court - it's a court case. (Some counties will allow a lawyer to present an uncontested case without a hearing).
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Best to hire counsel and file a Suit for Seperate Maintenance. In most cases, there will not need to be a hearing. However, there are very strict rules for what needs to be presented to the Court to have the case concluded without a hearing. If you and your husband have settled all issues, you should consult a lawyer to handle the uncontested matter for you.
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