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To Divorce or Separate - The BIG Question
Many persons ask their therapist or divorce attorney whether they should divorce now or separate and divorce later. From a legal perspective it is usually best to commence divorce proceedings rather than separate. If the marriage is irretrievably broken a separation postpones the inevitable. A separation, by its nature cannot compel an unwilling spouse to provide financial information, divide assets, allocate debts or pay support. However, if the parties are able to exchange financial information and reach an interim agreement on all important issues, a separation may be desirable until one party or the other feels a compulsion to terminate the marriage by way of divorce. When one considers the Court imposed delays (sometimes as much as three years ) it may be desirable to immediately commence divorce rather than wait.
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To Divorce or Separate - The BIG Question
If the divorce is being filed under one of the seven fault grounds (including extreme cruelty, adultery, abandonment, substance or alcohol addiction, institutionalization, deviant sexual conduct and incarceration), the 18 month separation period, required for a no-fault divorce, is waived. However, each ground for divorce has its own stipulations.
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Your Right to Child Custody, Visitation & Support Cover Price: $ Your Price: $17.95 You Save: $7.00 "A Plain English Guide to Protecting Your Children" Author: Mary L. Boland, Attorney at Law
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