Which states require legal separation before divorce?
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Which states require legal separation before divorce?
Four states (Delaware, Illinois, Vermont, and Virginia) require six-month waiting periods before couples can receive divorce decrees. Maryland and Nevada require one-year waiting periods before allowing couples to file divorce. North Carolina requires one year of separation before allowing a couple to file divorce.
How do you get legally separated without divorce?
If legal separation is permitted in your state, you can get a legal separation by submitting a separation agreement. You can also obtain one by filing for a separation just as you would file for a divorce. You can even have a trial of you don’t agree.
Do both parties have to agree to a legal separation?
Yes, it is mandatory. Each party must obtain independent legal advice prior to signing a separation agreement. You also cannot use the same lawyer and should not use the same law firm. If you fail to obtain advice from a lawyer, the separation agreement will be unenforceable.
