call for a free consultation 212-300-5196

AS SEEN ON

BLOG

How do I find out if he actually filed for a separation?

A divorce may involve all sorts of steps as the divorce process continues. One step that is commonly taken before the divorce begins is the decision to get a separation. A separation differs from a divorce in many important ways. It is crucial that both parties understand what a separation means for them. It is also crucial that both parties involved in this process understand what happens during a separation and what laws may apply to their personal legal circumstances. It does not constitute the divorce. The process of getting a separation can vary from state to state. Some states do not recognize this process. Other states may have a detailed legal process that must be followed as part of the separation procedures. Anyone who is party to this process should always bear in that such legal procedures need to be followed. Sometimes, people may see a separation on television and think this applies in their case. It is always best to get legal counsel and avoid making such assumptions.

Court Orders

People who are in the process of getting a divorce can go to court and ask for what is known as a legal separation. A legal separation requires that both parties are notified of this fact. The other spouse must be told by law that they have been served with a separation order. They must also agree to comply with the law legally. Separation is a process designed to help couples work out their differences and see if such differences can be reconciled. Any court orders are legally binding documents that both parties need to know about in order for them to be in effect. This means that any kind of court process related to separation must have the person present or someone who is authorized to act on their behalf legally.

Potential Fraud

If one person filed for separation they must tell the other party. If the other party suspects the other party has done so but has not been notified in court, they may have legal recourse. One party claiming to be separated does not mean they actually are meeting the terms of separation under law. In that instance, the person who is being told of the separation should ask to see any legal documents. Under law, these documents and the details indicated in them must be presented to the other party. Keep in mind it is possible to have an informal separation. Under this kind of agreement, both parties agree to adhere to certain terms. However, this may not be put in writing. In that case, the other party should make sure that all terms are known to both of them. For example, one party should understand that the other party will live somewhere else but both parties will continue to share a joint checking account. However, one party may have attempted to file for a separation legally but has failed to meet all necessary legal requirements to other party involved. In that case, there are steps the other party can take. If there is any kind of fraud, the other party involved may face all sorts of legal consequences. They may be arrested for forgery and even charged for other issues related to the decision to file false papers. This can result in serious fines and even jail time if they filed papers that were inaccurate or they told the court an agreement was made if the other party did not agree to it.

Hiring Legal Counsel

If this kind of issue is suspected, it is best to speak with legal counsel as soon as possible. Speaking with a lawyer about this issue has many advantages. A lawyer can find out if any kind of separation order has been filed in any court. They can also look up any kind of other legal issue related to their clients or related to their client’s children. The legal counsel can also help by sorting out any kind of desired separation between the two parties. For example, one party may want to have a divorce while the other does not. In that case, the lawyer can suggest a separation as a common ground. They can begin the process of separation and make sure it is done legally. The lawyer will handle any paperwork. If the parties live in a state where this kind of process is not recognized, they can also work out an informal system that works for both parties.

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to your inquiry within 24-hours guaranteed.