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How long do you have to be separated to get a divorce in the US

How long do you have to be separated to get a divorce in the US

Getting married is arguably one of the most beautiful moments in every couple’s life. However, even though the saying goes until death does the newlyweds apart, that is not always the case. Sometimes, things don’t go as planned, and that is completely okay.

In this article, we’ll talk about how long you have to be separated from your partner before you can get a divorce in the US. This should help in getting more information about the process. Keep reading and find out more.

How much time should pass since the separation

The time between the separation and filing for a divorce is different in each country in the US. Some countries require reconciliation training with professionals to save the marriage, while others simply need a legal separation period before the procedure begins.

In some states, like Missouri for example, the waiting time is only ninety days. In Louisiana and other states is six months. However, as Gallagher Spokane suggests, some states require a separation time of more than a year.

The length of the period where you have to be separated also depends if you are having children with that partner or not.

Types of divorces

Understanding the types of divorces is essential before you consider going for them. Usually, there are two types. The first is a divorce where one of the partners is responsible for the collapse of the marriage. This includes violence, substance abuse, and other criminal activities.

On the other hand, the second type is where there is no fault between the partners. But the couple does not see a future together anymore and the marriage is unthinkable further on.

Should you be the first one to file

Normally, there is no legal upper hand that you would get if you file for divorce first. However, you’ll be able to manage the process better including your emotions, and finances. In addition, you will have time to consult with an attorney, to create a strategy that works best on your behalf.

What happens if your partner does not want to sign the divorce

It is important to know your rights throughout this process, as suggested by Gallagher Spokane. If you file for a divorce, but your partner does not want to sign the documents, there are things you can do. For example, by taking the case to court, the judge will make them either comply or get penalized.

In short, there is no way to prevent this process if one of the partners is certain. The judge explains the whole situation to the couple, including every part of the agreement and both parties will be forced to comply.

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Can the dissolution of the marriage be denied

The dissolution of the marriage is only granted when one or both of the partners file for it. However, there are situations where the judge denies the request, in cases where they think the divorce is not in the best interest of the couple. This usually happens when there are children involved in the process, so custody and support are granted during their growth.

Although this can be frustrating since it prevents you from moving on with your life, there have been situations when denial of the divorce has helped the couple.

To prevent such situations, according to Gallagher Spokane, it is best to consult with an experienced attorney. That way, you understand all your rights and moves before deciding for a collapse of the marriage.

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