Afterward, if you still cannot locate your spouse, you can conduct a “divorce by publication. Arizona Revised Statute Section 25-312(1) requires that either you or your spouse must be a resident of Arizona for at least 90 days to file for divorce in Arizona. HOW LONG DOES A LEGAL SEPARATION TAKE; HOW LONG CAN YOU BE LEGALLY SEPARATED IN ARIZONA; DIFFERENCES BETWEEN DIVORCE AND LEGAL. As long as both parties agree to the three elements listed in Section 2. The answer is very simple. Children you legally adopted will receive an intestate share, just as your biological children do. In a divorce, you or your spouse must have lived in Arizona for at least 90 days. Arizona law allows married couples to request a legal separation instead of a divorce. Divorce cases often involve important issues about property and debt division, financial support and if children are involved, child custody and parenting time. The rest of your legal separation orders, such as any parenting plan and child support order, will still be good. 3. You are considered “legally separated” in Arizona when the judge signs a final Decree of Legal Separation and files that Decree with the clerk of the court. Once six months have passed after entry of the legal separation decree, either spouse can file a request (a motion) to change it. In either case, an informal separation is not formally recognized by a court, meaning you won't reap many of the benefits of a legal separation. . If the reasons for choosing that status. How Long Can You Be Legally Separated in Arizona? In Arizona, legal separation is an alternative to divorce for couples who wish to live apart but do not want to terminate their marriage. “You just have to show up. A formal court-ordered legal separation is not, however, usually the wisest. No couples may get divorced in North Carolina unless the spouses have lived separate and apart for a full year. 06 million ($24. § 25-213 25-202), a Cantor Law Group experienced Arizona Divorce Lawyer can guide you through the legal process. The agreement can define how that may change over time. After earning a law degree from the University of Arizona, he clerked for two years for a U. This does not have a domicile requirement. The biggest difference between separation and divorce is that a separation leaves a marriage legally intact while a divorce terminates the marriage. Divorce. § 25-329, the just period for a legal separation with divorce is 60 days after the draft has been delivered by the petitioner on the respondent. ) major appliances (fridge, stove, washer, etc. In 2023, these limits vary by state, but as a general rule of thumb, the income limit for a single applicant requiring long-term care is 300% of the Federal Benefit Rate, $2,742 / month, and the asset limit is $2,000. Click Here to Schedule Your Consultation!Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. A. Alternatively, couples in Nevada can ask to be legally separated, also called "separate maintenance actions. Married taxpayers receive a larger standard deduction than single taxpayers or married taxpayers filing. Yes. Ohio law provides three ways for a husband and wife to end or alter their marital relationship: legal separation, divorce and dissolution of marriage. Send her a registered letter telling her you want your belongings and ask her for details on when you can pick them up. m. This includes important rights like healthcare, legal status, tax filing status, property ownership, and the right to inherit as next of kin. Under Arizona law, a legal separation cannot be finalized until 60. 1. This includes whether you and your spouse can work together to… Nov 21, 2023 · 4 min read 9 divorce FAQ, answers to frequently asked questions about alimony, child custody and child supportIf you are married and you are considering a divorce or a separation, you should consult with a divorce lawyer before taking any steps. However, an ex-spouse can apply for COBRA benefits. You must file as married for that tax year and choose one of these filing statuses. Furthermore, separation in marriages can be a way to test the waters. After earning a law degree from the University of Arizona, he clerked for two years for a U. Whether we are able to negotiate a fair arrangement or need to go to court with a partition proceeding, child custody issues, or to seek fair child support orders, our firm can help. Yes, you do need the help of a good lawyer right now. Each spouse needs the permission of the other spouse before taking items used by the family in the family home, if the items fall into the category of “moveables”. Sep 01, 2023 · 5 min read. Your guide to Georgia divorce forms. Skip to content [email protected] 480-999-0800; Home; About; Practice Areas. This amount is added to your income, but certain deductions may offset it to place you within income limitations. Your date of separation has legal implications in many states. com See also ARS §25-311Before you consider how to get a legal separation, think about a separation agreement. Give us a call at (415) 946-3744. We're not ending our marriage and we aren't contemplating divorce right now. It sounds as if you are headed for a court battle over date of separation, as you are both aware that a 10-year marriage is generally considered "long term" -- which can significantly affect spousal support. Judges may have different ideas about this, but some lawyers say the threshold is typically 15 years. How Long does it Take to Become Legally Separated in Arizona? Under A. R eview your filing status now that you’re a single person. After earning a law degree from the University of Arizona, he clerked for two years for a U. 12 for couples) in 2022. In states that don't recognize legal separation, spouses can separate simply by living apart. Updated October 2, 2021. Why Do You Have to Wait 60 Days If You Do Not Have to Be Separated? Even though Arizona does not require a separation period before a couple can divorce, the state still has a waiting period. 5x an employee’s wages for overtime over 40 hours a week. Studies indicate that the overwhelming majority of married couples who legally separate get divorced within 3 years of their separation. to 4 p. m. Time Period for Coverage. You must agree as long as you agree to step in and pay the premiums. Legal separation in Arizona is almost identical to divorce in every way except 1: You are still married at the end of it. What is a divorce "Decree?" The Decree is the final order of the court legal- ly ending the marriage. After the 60 days from the date of service passes, the steps necessary in obtaining a divorce will greatly depend on your situation. §70:111 (2nd ed. It allows you to continue with your spouse’s current coverage for up to 36 months as long as you pay the. But although the exact terminology may not exist, it doesn't mean a married couple can't be legally. In Kentucky, South Dakota, and Tennessee, couples. Click Here to Schedule Your Consultation!Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. For example, exes may. You need to include a certified copy of your. That means a soon-to-be former spouse is probably entitled to a share of your retirement. Get help navigating a divorce from beginning to end with advice on how to file, a guide to. If the parties were legally separated during the marriage and later reconciled, the former spouse can still qualify as long as the total years of marriage add up to 20. S. Gen. If filing for a divorce or legal separation, filers should be prepared to provide information about the. m. Get legal help. "Separate property" belongs to only one spouse and typically includes property that spouse owned before marriage, received as a gift during marriage, or inherited. C, Montana, Iowa, or Kansas will be legal in Arizona. Here's how you do it legally. Nolo. The absolute community of property (ACP) or the conjugal partnership of gains (CPG), as the case may be, shall be dissolved and liquidated. A legal separation does not dissolve the legal status of the parties’ marriage and does not, therefore, return. The agreement can define how that may change over time. 5020 E Shea Blvd, Suite 240. Licensed for 43 years. If you and your spouse agree on the terms of a divorce, then you may be able to get an uncontested divorce. How can a parent obtain school, medical and other records of their child after divorce? How long do you have to be separated before divorce in AZ? No, Arizona does not require spouses to separate before filing for divorce (dissolution of marriage). However, putting off the inevitable with a long-term separation will not help you or your spouse, and it can incite negative legal and personal repercussions. Arizona courts generally. Separate property, on the other hand, is all property acquired before and after marriage, as well as any property acquired during marriage by gift, bequest, devise or descent. § 25-312. Answer the following questions for yourself if you think you may be entitled to alimony, or as you think your spouse would answer them if you wonder whether you may be required to pay alimony. We're available Mon-Fri 5 a. The short answer is yes, you can force a Spouse to leave the marital residence. The notice must include one of the following: Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. m. A Legal Separation is actually filed with the court and becomes a court order. Florida also allows couples to petition the court for child custody matters without divorcing. In a legal separation, how can I serve someone when I cannot find them? If I cannot afford to pay the fees, can I have my fees deferred? How do I amend a motion? How long do you keep exhibits? Frequently Asked Questions about Legal Separations in Arizona. m. ) If you want to be legally separated in New York, you can use a procedure known as an "action for separation. Nolo. If you're married and living together, some of your spouse's income will count toward the income limits. Spousal support. C. m. After earning a law degree from the University of Arizona, he clerked for two years for a U. When an employee covered under an employer-sponsored health plan legally separates or divorces, the covered spouse and dependent children need to consider their options for health coverage. The first is the requirement of how long one must live in Arizona to commence legal action. Aside from assets and debts, business interests and pensions, like 401k plans, also fall under community property. Cynthia and Howard Bean agree that we are going to live apart beginning on February 1, 20xx. Many married couples separate when they are contemplating a divorce or taking a break from their relationship. For a legal separation you can demonstrate that you and your spouse have suffered irreconcilable differences —meaning, your relationship is damaged beyond repair—or if you don't have children, you can show that you've lived separate and apart for at least 2 years. The biggest difference between separation and divorce is that a separation leaves a marriage legally intact while a divorce terminates the marriage. There are specific reasons why the judge may determine that the remaining spouse in the fault states should retain the home. Your guide to Florida divorce forms. In addition, if you have children, then Arizona will need to be considered the “home state” of the children, meaning they have lived in Arizona for at least 6 consecutive months (or since birth if younger than 6 months old). If you live in Illinois and really want to punish your partner, you can get your cheating-ex and his lover thrown in jail for up to one year (up to three years in jail with a $500 fine if you live in Massachusetts!). The length of time required for a legal separation is usually between 6 months to 2 years, but this varies, depending on each state's laws. You can also collect Social Security benefits based on your spouse’s contributions if you have remained married for 10 years or more without divorcing. Click through to learn about. The main difference between the two types of family law cases in Arizona is that a divorce completely dissolves the legal status of the marriage and returns each spouse to the status of a single person. Ogborne Law can help with legal separation in Arizona. The court can change the Petition for Legal Separation into a Petition for Dissolution of Marriage (divorce), if for the last 90 days prior to filing the Petition for Legal Separation, you and your spouse lived in Arizona. An action filed in a family law case may be filed to seek a divorce or legal separation or to create a parenting plan. Our network attorneys have an average customer rating of 4. You probably want to file a Stipulated Motion to Vacate the Decree of Separation based upon the reconciliation. Glendale Arizona Marital Legal Separation and Property Settlement Agreement where Minor Children and Parties May have Joint Property or Debts and Divorce Action Filed Make the most of our comprehensive web form library to make sure you always can get up-to-date samples that are prepared for downloading, completing, and signing. Scottsdale , It is commonly understood that when couples get divorced, they are most likely changing their estate plan to reflect the divorce, in addition to accommodating new spouses or children. An Arizona Superior Court must have jurisdiction to process a divorce case. In some state, spouses must actually become legally separated before they can obtain a divorce. R. However, a married couple living apart is not legally separated regardless of how long they live apart. C. m. If you’re filing for Chapter 7 bankruptcy and your spouse is not, you may be wondering whether they are going to be affected. Legal separation in Arizona allows a married couple to live separately without going through a divorce. If you have been a resident of Arizona for at least 90-days, you can file a petition (request) for legal separation (with or without children), in the county where you reside. to 7 p. Once a divorce has been finalized, employers will not allow an ex-spouse to remain on a health insurance policy. You can be legally separated in Arizona for as long as both spouses wish or until the death of one of the spouses. Paid sick time is a more important right than PTO. Get the right guidance with an attorney by your side. C. However, there's no law that specifically references legal separation for married individuals. Employer’s can report a separation or refusal of work through the state’s website here. After earning a law degree from the University of Arizona, he clerked for two years for a U. Foster children and stepchildren you never legally. Law Separation vs. m. Dealing with legal documentation requires attention, accuracy, and using properly-drafted blanks. does not want a Legal Separation, the Court may change the Petition for Legal Separation into a Petition for Divorce. 1. Divorce Full Service Legal Representation From Start to Finish. STAT. " Although it is similar to alimony —financial support given by one ex-spouse to the other after divorce—it is not called "alimony" because the couple is still legally married. Once you have chosen the right court, you will need to file the proper paperwork. to 4 p. You can also request a separation if you can demonstrate that you and your spouse have lived separate and apart, without reconciliation, for at least two years. changeArizona. 2. The terms outlined can, in many ways, mirror a legal separation in other states. m. On the legal front, however, breaking up can be a lot easier for unmarried couples than going through a divorce. The process begins when either spouse files a petition (request) with the local court. Get legal help. If you have not been a resident for at least 90 days, you can still file for a legal separation. Some couples in Arizona were nope sure the they want the go through with ampere divorce whereas others want on remain married but be separated for a variety of reasons. Family can drive you crazy. How long does a legal separation process take in. ) Tennessee has a mandatory waiting period before the. Practice Areas. If you have questions about disadvantages of legal separation in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Unlike some other states that impose a specific time limit on legal separation, Arizona does not have a statute that sets a maximum duration for such arrangements. Arizona law allows you can be legally separated for as long as you like. 1. Michigan requires that the spouse filing for divorce must have lived in the state for 180 days before filing and lived in the county for at least the last 10. Next are the steps you’ll need to take if you’re buying a house after your divorce is finalized or when you’re legally separated. It allows couples to address important issues such as child custody, spousal support, and property division while still remaining legally married. However, the Court can change the Petition for Legal Separation into a Petition for Dissolution of Marriage (divorce), if you and/or your spouse have lived in Arizona for the last 90 days prior to filing the Petition for Legal Separation and. Find out more about Michigan divorce laws, including grounds for…. A. § 50-6 (2023). You must file as single for that tax year unless you're eligible to file as head of household or you remarry by the end of the year. You don't need to prove fault to bring a legal separation action. Legal separation is not a “step” on the way to divorce; it is a completely different legal status. Message. Spouses may separate informally and make their own agreements. Decided included Arizona. In most divorces, community property is sold unless both. 31, 2018. If you plan to file for divorce in Texas, it's… Sep 01, 2023 · 3 min readAdditionally, many states have a separate requirement of how long a person must have resided in the county. But with a trusted legal representative on your side, you can rest assured that your case will be handled with care and will achieve the results you deserve. No matter how long a couple has lived together in Arizona, their union will not be regarded as valid without a certificate. In 2023, these limits vary by state, but as a general rule of thumb, the income limit for a single applicant requiring long-term care is 300% of the Federal Benefit Rate, $2,742 / month, and the asset limit is $2,000. This is how long it can take if both parties agree to everything, take their required parenting classes, and file all of. You can be legally separated for however long you and your spouse think is best. A separation without being filed with the court is not a legal separation, it is just an agreement or a contract between two parties that might be enforceable in the court under certain circumstances. Get help navigating a divorce from beginning to end with advice on how to file, a guide to the forms you might need, and more. ) The state's 6-month residency requirement does not apply to a legal separation. 1. For example, to commence a legal separation action, one must only live in the state of Arizona. DRLSC31P. There are specific reasons why the judge may determine that the remaining spouse in the fault states should retain the home. In the state of Arizona, the court charges $349 for the filing fee and then $279 for the response to the petition or initial appearance. agreed to . We will continue to share ownership of and access to our joint bank and credit card accounts, and we will both continue to deposit our paychecks into the joint checking. Family and Medical Leave Act ( FMLA) – employers are required to. You may also access FindLaw's Divorce and Property section for additional articles and helpful resources regarding this topic. ARIZONA ANNULMENT OF MARRIAGE LAWS. 833. 4 To file for divorce, you have to be a resident of Arizona for more than 90 days before you can file for divorce. Filing a petition for legal separation is the first step. If you are planning to file for divorce in Georgia, you need to know the forms used…. By moving out of the house, the individual may still have all rights to the interest in the home or to split it with the other spouse during the divorce process. (15 V. Separations come in many forms—some are short-term while others are years long. There are two key differences between legal separation and divorce. States can also enact laws regarding sexual harassment. If your child visits the uniformed service member, TRICARE is still the second payer, so make sure your child. Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. Differences Between Separation and Divorce. The other spouse will have 20 days to respond. How long have you. ”. When that's not an option, courts must distribute a couple's debts and assets. However, the state does require a 60-day waiting period before you and your spouse can finalize your. Key laws: Arizona Revised Statutes Section 25-313 et seq. You should also decide how long the partner keeping the house has to refinance (if you’re both on the mortgage). In jurisdictions without the right to a legal separation, the spouses could simply live apart and enter into a. Legal separation ends the financial relationship between spouses who will most likely be separated but are still legally married. Mesa Arizona Marital Legal Separation and Property Settlement Agreement where Minor Children and Parties May have Joint Property or Debts and Divorce Action Filed Finding a fillable form has never been so easy. Call LegalZoom See our FAQs. Unlimited electronic signatures with RocketSign ®. Similar to divorce, separating legally involves addressing marital assets, debts, child custody and visitation, child support, and spousal. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a. This will help avoid heated disputes in the event the relationship terminates. Divorce is permanent, and a divorce order is extremely difficult to appeal. This is how long it can take if both parties agree to everything, take their required parenting classes, and file all of their documents early. The time required for a legal separation is generally between 6 months to 2 years, but this varies, depending on each. The same is true if you were entitled (or potentially entitled) to certain benefits under Social Security or the Railroad Retirement Act in the month before the month you. Sort by. Complete DRSDS10F-C. Thus, if a spouse inherits an antique car during the marriage, the car remains the inheriting. Form No. It can be tricky proving that you are really separated if, for family or economic reasons, you are still living together in the same house. A couple can decide to buy property together or add both people to the title. These factors will apply during a divorce case. In Arizona, you do not have to separate for any time before filing for divorce. While separated you remain legally married and are not allowed. S. Legal separation is not a “step” on the way to divorce; it is a completely different legal status. The answer to the residency requirements to file a divorce in Arizona is that you have to be a resident of Arizona for at least 90 days prior to filing for divorce. and 5 p. m. Send 3 copies of the application to the address on the form and keep your own copy. Family Court / Sensitive Data Cover Sheet with Children (Confidential Record) Response to Petition for Legal Separation With Minor Child (ren) (in works) DRAD10H. 5 Signs You are Ready to Date Again. How Long does it Take to Become Legally Separated in Arizona? Under A. She has 25+ years of professional writing and editing experience. to 4 p. C. A legal separation is, in almost all other ways, similar to a divorce. Handle Credit Card Debts. You can also use the DIY (Do-It-Yourself) Uncontested Divorce Program if you are filing for an uncontested divorce, your marriage has been over for at least six months, there are no children under 21, and all marital property issues, including debt, have been settled. On the other. There’s a common misconception that you become married under common law if you and your partner have lived together for a certain amount of time (seven years is what many people believe). It is much more than a "free" consultation. Property Issues; Support Issues; Custody and Visitation; Process; Other Issues; Property Issues Community Property in Arizona Arizona law allows married couples to request a legal separation instead of a divorce. The first step is to gather the necessary documentation. Although legal separation officially separates your rights and responsibilities from those of your spouse, it does not legally end your marriage as divorce does. Attorneys with you, every step of the way. A couple must wait at least 60 days after filing the divorce petition before the court can finalize the divorce by issuing a divorce decree. By Arizona law, you or your spouse must have lived in Arizona for the 90 days preceding the filing of the petition. Stat. S. Call 602-789-3497 or contact us online to schedule a free initial consultation. The Self-Help Center has information on finding an attorney. In mediation, the entire process can be completed within 2-4 months. 1. If both of you are okay with selling the house, states will divide it according to laws on property division . Katrina Munichiello. US Legal Forms has been helping people across the country do just that for 25 years, so when you pick your Arizona Final Order for Legal Separation without Minor Children template from our service, you can be sure it complies with federal and state laws. A "divorce" is when a court officially ends a marriage. A number of states offer a simplified dissolution of marriage procedure that applies in certain circumstances. New Jersey has a law that permits a legal separation for partners in a "civil union," which is a legislatively authorized status similar to marriage. At that point, you may. , for instance, requires employers to adopt a sexual harassment policy. S. This also extends to cases where you are already legally separated. The court will issue a summons, and the petitioner must then formally serve the other spouse with process. Here's how you do it legally. Before you consider how to get a legal separation, think about a separation agreement. Establish and maintain the intent. Be prepared to provide evidence that you or your spouse meets the residency requirement by being able to present the court with a driver’s license, voter registration card or lease. Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. When you are legally separated, you are still married under. Some couples in Arizona are cannot certain that they want to go through with a divorce while others want to remain married nevertheless be separated fork a variety of reasons. if. A trial separation is an informal agreement between two spouses to live apart and there are no legal agreements, judges, or lawyers involved. Your home after separation: renting. Moreover, those in long-term separations were more likely to lack a college education, be “more disadvantaged,” and have more children than those who ended up. The legal separation process is often very similar to the divorce process, but the main difference is the outcome: When a legal separation is finalized, you're still legally married—which means you can't get married to someone else. Attorneys with you, every step of the way. For example, if one spouse has been a. Written by Attorney Eva Bacevice . Divorce (Dissolution) and Legal Separation Process Forms for all Steps below are available: By downloading. This arrangement allows spouses to address issues such as child custody, spousal support, and division of assets while still legally married. Questions & Answers A. How to Fill Out Legal Separation Without Minor Children (in works) DRLSA10I. There are two key differences between legal separation and divorce. Remaining married but separated and living together can be like a trial run where you experience the differences before you take final action. Legal Separation in Colorado. C. Sep 01, 2023 · 2. R. Arizona divorce costs ranged from $15,000 to $100,000 per side when including expert witness fees in 2019. In a divorce or a legal separation, the court must do the following: Divide all of your property and debts, including tax debts;If you want to be legally separated in New York, you can use a procedure known as an "action for separation. 2. If you have a property settlement agreement, they’ll need that as well. In the event of separation or death, the surviving partner may not be. You want to file for legal separation; AND Warning: If the other party does not want a Legal Separation, the Court may change the Petition for Legal Separation into a Petition for Divorce if you and/or your spouse have lived in Arizona for the last 90 days prior to filing the Petition for Legal Separation. Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. A. Your rights and options for dividing the home you rent after you separate from your partner. The petition should include pertinent information like each spouses' name, address, and dates for the marriage and separation. Support. When she replies try to pick up your belongings. § 25-329 , the waiting period for a legal separation or divorce is 60 days after the petition has been. She also has years of experience in public relations, marketing, and fundraising communications, specializing in health care communications. Some couples at Arizona be not sure that they want to go through with a divorce while others like to remain married but be separated for adenine type von reasons. he has filed for a dissolution of marriage, according to arizona law, are the terms of the 2001 legal separation still valid? Read answerOnce, you are legally separated, you can essentially act as a single person in the dating arena. Our Arizona legal separation and family law attorneys have over 100 years of combined experience successfully representing clients in legal separation and family law cases. What if I Can't Find My Spouse or Don't Know Their. October 2022 Coconino County Law Library 37 LEGAL SEPARATION WITHOUT CHILDREN RESPONDING TO A CASE YOU CAN USE THIS PACKET IF ALL THIS IS TRUE:No, you may not file as head of household because you weren't legally separated from your spouse or considered unmarried at the end of the tax year. S. Get legal help. For reliable advice and representation on alimony and other family law issues, call Clark & Schloss Family Law, P. Legal separation offers several benefits. Legal Separation Without Children The forms available on this site are generic and may be accepted by courts statewide. For help in getting the house in a divorce, call Clark & Schloss Family Law, P. The more the couple can cooperate and make reasonable compromises, the smoother and faster the divorce will go. For example, if there is a plan to get the parties to a 50/50 split, the details of the plan can be spelled out. After earning a law degree from the University of Arizona, he clerked for two years for a U. Packaging and labeling. What are the residency requirements?. First, you must meet your state’s residency requirements. Many parents head into their divorce proceedings without a solid understanding of the differences between full custody and sole custody. After earning a law degree from the University of Arizona, he clerked for two years for a U. Make 2 Photocopies of documents. (a) A retail marijuana store shall assure that: (3) any marijuana or marijuana. However, there is a waiting period of at least 60 days before the divorce can be finalized after filing and serving your spouse. ). You can also qualify if you're not yet legally separated or divorced, but you and your spouse did not live together at any time during the last six months of the year. com See also ARS §25-311 There is no residency requirement to file a legal separation in Arizona, while you must have been an Arizona resident for at least 90 days to file a divorce here. A couple may choose to remain legally separated to ensure their access to important social security benefits that are only available to couples who remain married for a minimum of 10 years. 345. today for a free case evaluation. § 25-329, the waiting period for a legal separation or divorce is 60 days after the petition has been served by the petitioner on the respondent. You can turn an informal separation into a legal separation by filing a petition for separation with the court. Divorce is a legal termination of marriage. Eviction: In most states, if someone has been living with you for a certain number of months, they have a legal right to live there, even if they aren’t on the lease or deed. Read the article to learn about the process and rules. If you're involved in a standard marriage (not covenant), and you would like a legal separation, you can file a petition for separation if you can prove that you and your spouse have. You must live separate and apart for six months before the divorce can be finalized.