Below are some of the frequently asked questions clients have when considering a legal separation:
Q: What is legal separation?
A: Legal separation is the end of cohabitation between spouses.
Q: Does a legal separation end my marriage?
A: A separation does not legally end a marriage. Only a divorce, annulment, etc. will legally end or void your marriage.
Q: Are the requirements for legal separation the same as for divorce?
A: No, the timing requirements are different. In order obtain a divorce in the District of Columbia you will had to have mutually lived separate and apart for six months or have involuntarily lived separate and apart for one year. In order to be eligible for a legal separation you must currently be living separately and apart. It also important to note that the Court will consider you and your spouse living separate and apart even if you live in the same house if you can prove you are living separate lives.
Q: Aside from separation what issues will the Court adjudicate in a legal separation case?
A: The Court can determine custody, child support, spousal support, and equitable distribution of marital property.
Q: If I get a legal separation can I later turn it into a divorce?
Contact the Barkat Law Firm to speak to a D.C. divorce attorney about obtaining a legal separation in the District of Columbia.
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