Should you file for separation before filing for divorce?

Answer

Yes you should have a separation agreement. In most states you must be separated for one year to file for divorce. If you have a separation agreement with your ex which has been notorized and dated, it will make it easier to prove you have been separated for a year. Separation agreements also help in dividing up property if you both agree on what each will get. If you want a quickie divorce it only takes 30 days in some states. Also beware some lawyers will tell you that if you both agree to say that you have been separated for a year and backdate the paperwork,then you can get a divorce immediately. This is a common occurance but be warned if you are not on good terms with your ex, it could come back to bite you!

There are 12 states which require a couple to separate for a specified length of time before filing for divorce. The issue of filing for a dissolution of marriage and the time the divorce is final is often confused with the act of a required separation before a divorce can be filed. In states that require the couple to reside separately before the filing it generally pertains to the interlocutory in relation to a "no-fault" divorce.

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