Get Familiar with Basic Steps for Legal Separation

Are you convinced that you and your spouse cannot live happily under one roof? If yes, you should contact HBO Law Firm for legal separation. It is most likely that you are not familiar with the long procedures. Here are six steps that you have to go through to put an end to your relationship in a legal way.

Form Fill-Up & Paperwork

If you want to file a divorce case on your own, the first step is to fill out a Summons and Petition. If you have children, who are underage, your lawyer may ask for some additional documents.

If both of you (you and your spouse) are filling for divorce, it is required to complete a ‘Joint Petition’ form. If both of you agree on all the issues, you and your spouse have to sign the ‘Stipulation for Temporary’ order.

If you and your hubby/wife fail to agree on all terms of the divorce, you have to complete a Cause and Affidavit for Temporary Order that will mention all the differences in details.

Complete Paperwork at Right Place

Check with the specific requirements of your state you currently live in. It will help you figure out the particular documents to be copied. Once you have all the necessary paperwork in order, these will be produced to the local courthouse and handed over to the Clerk of Courts.

It may require a filing fee that will keep on changing from time to time. If you cannot afford to pay, you will be asked to complete a Fee Waiver document. It will be submitted to the court. The court’s decision whether you will be exempted from paying or not is final.

Serving your spouse copies

These copies are about Summons, Petitions and Order to Show Cause what have been mentioned above. For this purpose, you will have to follow the service instructions kept in a special packet that will also send notification to remind you of main deadlines to meet.

If you manage to receive a signed Affidavit of Service from the individual serving your spouse or obtain from your spouse a signed Admission of Service, you will be allowed to file the document and get ready for the temporary hearing.

Temporary Hearing

This step allows you to plead for temporary hearing. Remember that you must prepare the following paperwork as these are to be brought on the day of hearing:

  • Income Tax Returns
  • Wage Statements
  • A complete statement regarding financial disclosure

Following submission of these important documents at the temporary hearing, the commissioner will specify the order setting rules for both you and your spouse.

Pre-Trial Conference

If none of you (you and your spouse) has any problem with the terms of divorce, the entire process gets easier and simpler. An updated Financial Disclosure Statement needs to be submitted along with a Marital Settlement Agreement. The court will skip Pre-Trial Hearing and give a final rule after proceeding with a Stipulated Divorce Statement. What you need at this stage is to file within the deadline day and before the process is over.

If you fail to agree on the terms, it is mandatory to attend a Pre-Trial Hearing. The judge will decide which issues will be set aside for contest at trial and the types of evidences to be produced.

Trial & Final Order

Both of you are required to attend the trial to specify the details for divorce. Never forget to bring the necessary evidences and documents. If you fail to attend, a default judgement for your partner could be a possible outcome. The judge will issue the final order to set the terms of divorce and grant the separation.