Name: What is a legal separation?
Uploaded: 2019-08-08
Duration: PT01M21 S

Divorce & Family

What is a legal separation?
- Firm Name: The Collierville Law Firm
  
  Duration: 01:21
  
  Date: 2019-08-08
  
  Legal separation is a specific status similar to divorce, for couples who don’t plan to resume their marital relationship but aren’t ready to dissolve their marriage. The only difference between legal separation and divorce is that legally separated parties aren’t free to remarry. A family law attorney in your area can explain how your state treats legal separation and help you determine if it might be a reasonable alternative to divorce.

Related Divorce & Family Videos

How do I file for divorce?
- In most states, you begin by completing a divorce “petition” or “complaint” where you provide basic information and indicate how you want the court to decide child custody, child support, property division and alimony. You should make two copies of your petition and file it in the court of the county where you or your spouse lives. If you’re considering divorce, a local family law attorney can explain your options.
How is property divided in divorce?
- Generally, spouses are allowed to keep their separate property ― assets they owned before the marriage and gifts or inheritance they received before, during, or after the marriage. Property acquired during the marriage — such as income, savings, retirement accounts, stocks, bonds, cars, homes, and furnishings — is considered shared property, and divided between the spouses. If you have questions about property division in your state, a local divorce attorney can provide specific guidance.
Do contested divorces normally cost more than uncontested divorces
- It is difficult to predict how much your divorce will cost, because so much depends on the particular facts, but the overriding factor is whether your divorce is contested or uncontested. The cost of a contested divorce can escalate quickly, so it’s important to work closely with your attorney to reduce expenses where you can.
What do I need to start the divorce process?
- The process for starting a divorce varies by state and residency requirement.You might also need to live apart from your spouse for a certain time before filing. Visit your county courthouse or download a divorce petition from your court’s website. Once you’ve filled it out, you’ll need funds for the filing fee and service of process. If you have questions about how to file your petition, a local divorce attorney can help.
Will I have to pay alimony in my divorce?
- In some states, judges calculate alimony using formulas based on earnings, living expenses, assets, and debts. But a judge can also consider the length of the marriage, the age of each spouse, each spouse’s earning capacity, and whether the supported spouse is caring for young children. If you have specific questions about your potential obligation to pay alimony, an experienced family law attorney in your area can provide answers.
How much does it cost to get a divorce?
- The total cost of a divorce depends on the complexity of the case and whether the spouses can work together. Attorney rates depend on experience level and the market for legal services in your area. To reduce costs, spouses can try mediation, which is often less expensive. A local family law attorney can explain the specific costs for your particular case.
How much alimony will I get in my divorce?
- Most courts decide whether to order alimony payments — and in what amount — based on a formula set by state law. These formulas take a variety of factors into consideration. You and your spouse can also negotiate an alimony settlement and ask the court to approve it. An experienced family law attorney in your area can help you understand the alimony process.
How does the general process of adoption work?
- To adopt through a private agency or state foster care system, you must apply and submit to a “home study,” to determine if you can provide a suitable home. In an “open adoption,” birthparents and adoptive parents meet and share identifying information. An international adoption is complicated by U.S. laws and the laws of the child’s home country. A local family law attorney can provide a detailed explanation of your state’s adoption processes.
How do I gain sole custody of a child?
- Our family law attorney in your area can provide greater detail about how to get sole custody of your children. Contact our firm for help with your case.
How is child support generally calculated?
- Each state has its own guidelines to calculate child support. These complex calculations are based on the parents’ incomes and deductions, and the proportional time each parent spends with the child. Depending on state law, a judge may have discretion to deviate from the guidelines in limited situations. A local family law attorney can help you understand your state’s child support guidelines and how to seek an optimal solution for you and your children.

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  380 New Byhalia Road
  
  Collierville, Tennessee 38017
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