Changing Legal Separation to Divorce
No, the separation agreement which would be in place as a result of the legal separation, will be the same agreement which governs in the event of a divorce.
No, the separation agreement which would be in place as a result of the legal separation, will be the same agreement which governs in the event of a divorce.
Legal Separation is when a court issues an actual document called a Separation Agreement which divides all assets, debts, awards maintenance if appropriate, and deals with any custody, child support visitation issues. A Legal Separation resolves all financial and legal issues between the parties, but in the end you are still married.
There is no set time period unless stipulated or ordered by the court.
No, your wife is not automatically entitled to maintenance. The Court considers the earning ability of both parties, the standard of living enjoyed during the marriage, the length of the marriage, and whether or not your spouse can support herself without continuing assistance from you.
No, there is no formula for maintenance. The Court considers each case individually. However, if your combined gross incomes are $75,000 or less, there is a presumption that your spouse is entitled to maintenance on a temporary basis.