How to Delay Divorce by Separation
If you and your spouse reached a juncture at which you can no longer live together as husband and wife, you may be considering the options that are available to you. Of course, the obvious course is filing for divorce. However, if you are like some couples, you may desire to part company but may not be quite ready to legally terminate your marriage. If you have reasons to delay divorce, pursuing a legal separation is a viable option for you and your spouse.
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Instructions
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Draft a petition for legal separation. The clerk of the county or parish court typically maintains divorce and separation guidelines that include standard forms, including the one necessary to file for a legal separation.
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File the petition for legal separation with the clerk of the court.
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3
Have your spouse sign what is called a "voluntary entry of appearance and waiver of summons," if possible. The voluntary entry of appearance document is designed to permit your spouse from being served with "divorce papers" by the sheriff. In most cases of legal separations, both spouses agree to take this course and a voluntary entry of appearance is appropriate.
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Negotiate a settlement agreement with your spouse. Keep in mind that in a legal separation the court enters all orders that exist in a divorce except for one. The only step the court does not take is terminating the marriage. Therefore, if at all possible, you need to negotiate everything from division of assets and debts to issues pertaining to the children born of the marriage. If you do not reach a settlement of these issues, the court will conduct a trial to hear evidence about this issues. The judge will make a decision and issue her own order resolving these matters.
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Draft a settlement agreement setting forth the agreement reached between you and your spouse.
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File the settlement agreement with the clerk of the court.
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Prepare a motion requesting that the court approve the settlement agreement and make that document the order of the court regarding your legal separation.
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File the motion to approve the settlement agreement with the clerk of the court.
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Obtain the order of the court approving your legal separation.
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