Alabama: In Alabama, you don`t need to live apart from your spouse before you can file for a no-fault divorce on your part due to an irretrievable incompatibility or breakdown of your marriage. (Code of the Ala. § 30-2-1 (2022).) Iowa: There is no separation requirement before filing for divorce from Iowa. The state allows you to apply for separate child support (alimony payments). If you do, the procedures and rules will be the same as in a divorce case. (Iowa Code § 598.28 (2022).) Although South Carolina doesn`t officially recognize legal separation, state courts allow you to sue for a separate support order as long as you live apart from your spouse. In separate support proceedings, the judge can generally make the same types of orders as in the case of a divorce. If you have a separation agreement, the judge will usually approve it unless it is unfair. Many states have passed laws that require a period of separation before a no-fault divorce can be filed and/or granted by the court. These mandatory separation periods will be introduced to allow sufficient time to vote. Since it is believed that the reasons for no-fault divorce on their part facilitate the divorce of a couple, a mandatory separation period offers spouses the opportunity to reconcile and save their marriage before starting or going through the entire divorce process.
There are many people who believe that these wait times do as much harm as good because they delay a divorce, so many cases that begin unchallenged only become fiercely contested over time. A divorce, even if consensual through divorce mediation, signals the end of the marriage. However, there is another way if you decide that you can no longer live together but you do not want the purpose of the divorce. This path is legal separation. Legal separation allows you to live apart from your spouse while remaining legally married. However, they still have important issues such as child custody and the equitable distribution of wealth to decide. You can apply for separate child support (similar to legal separation) in Utah, but only if you are separated from your spouse through no fault of your own, or if your spouse does not provide you with child support and could do so. The proceedings in a separate support case are almost the same as in a divorce case.
(Utah Code §§ 30-4-1 through 30-4-5 (2022).) A number of states have so-called “reconciliation counseling laws,” which aim to save marriage from the conclusion of divorce. Florida courts, for example, can stay divorce proceedings for three months if minor children are involved or if the other party denies that the marriage has been irretrievably broken. Meanwhile, both parties work with a reconciliation lawyer to settle disputes and “fix” the marriage. Even if the marriage is not saved, the reconciliation process can help minimize the pain of divorce. Georgia: You and your spouse do not need to live apart before you can divorce in Georgia. The state does not recognize legal separation, but you can apply for child support if you and your spouse live separately. A judge decides on the application in the same way as an application for temporary maintenance during a divorce case. (Code Ga. § 19-6-10 (2022).) A “no-fault” divorce can be obtained in any state, often referred to as “irretrievable collapse” or “irreconcilable differences.” A no-fault divorce on their part is one in which neither party is solely responsible for the breakdown of the marriage, as opposed to cases where one of the parties had an affair or otherwise violated the terms of the marriage. Vermont recognizes legal separation. The rules and procedures are basically the same as for divorce. The separation judgment may be valid for a limited period of time or forever.
(See Stat. tit. 15, § 555 (2022).) In Alaska, the same couple can only receive a legal separation order once. (Alaska Stat. §§ 25.24.400, 25.24.410, 25.24.420, 25.24.450 (2022).) North Carolina allows you to file for a “bed and board divorce,” which is similar to legal separation, but you`ll need to prove that your spouse committed one of the types of wrongdoing listed in the law. In addition to traditional “mistakes” such as adultery, abandonment, and cruel treatment, the law includes a somewhat vague type of misconduct: subjecting yourself to “humiliations” that have made your life unbearable. (N.C. Gen. Stat. § 50-7 (2022).) Arizona: There is no mandatory separation period before you can file for divorce (dissolution of marriage) in Arizona.
(Ariz. Rev. Stat. § 25-312 (2022).) You can apply for legal separation in New Hampshire. The procedures are the same as for a divorce, and judges can make the same types of orders as for divorces. If you and your spouse file a statement with the court that you have resumed your conjugal relationship, any separation orders related to support and custody will no longer be in effect. But all the ordinances related to the division of property remain. (N.H. Rev. Stat.
§§ 458:26, 458:27, 458:28, 258:29 (2022).) When people consider divorce, one of the first questions they ask themselves is whether they should go through the legal separation process first. Since there are many misconceptions and myths surrounding legal separation and divorce, it`s important to know the difference between the two and whether you really need to go through a separation before a divorce. Louisiana: You and your spouse must live apart for a period of time before divorcing in Louisiana. If you have minor children, the minimum separation period is 365 days. Without children, that`s 180 days. If you are filing for divorce under section 103, you must have been separated during the relevant period at the time the divorce documents were filed. Otherwise, you can file for divorce under Article 102 and the judge will pronounce your divorce after you have fulfilled the condition of separation. Couples who have a federal marriage in Louisiana (which has special requirements for marriage and divorce) usually have to be separated for two years before they can divorce. (Civil Code, arts.
102, 103, 103.1; The. Rev. stat. § 9-307(A) (2022).) In Rhode Island, you can file a complaint for “bed and board divorce,” which is similar to legal separation. (R.I. Gen. Statutes § 15-5-9 (2022).) State court forms refer to this procedure as a “separate alimony action without initiating divorce proceedings.” In addition to separate support for yourself, you can apply for a support order and custody order. Delaware: You and your spouse must be separated if you file for divorce in Delaware. At this stage of the divorce process, there is no minimum time limit for separation. But the judge will not grant your final divorce until you have been separated for six months. Usually, you can live under one roof as long as you don`t share a room or have sex.
However, genuine attempts at reconciliation – even if they involve sleeping together – are not considered a six-month break in the separation until you and your spouse have lived in the same room or had sex with each other during the 30-day period just before the last hearing about your divorce. (Del. Code tit. 13, §§ 1505, 1507(e) (2022).) Ohio: Ohio has two different categories of divorce. A “dissolution of marriage” in Ohio is what is generally referred to as an uncontested divorce, meaning that you and your spouse have agreed on all the issues. A controversial divorce is simply called a “divorce” in Ohio. There is no separation requirement if you are filing for dissolution of marriage in Ohio. You also don`t have to live apart from your spouse if you file for a contested divorce because of an incompatibility, as long as your spouse doesn`t deny that you can`t get along.