What happens when I file for divorce or legal separation?
Written by Rockefeller Law Center

What happens when I file for divorce or legal separation?

The only significant difference between a divorce and a legal separation is that a divorce can be final and a legal separation can only last for twelve (12) months, unless it is converted into a divorce. Otherwise, you would not notice a difference.

The first step is something called a "temporary hearing." The issues at a temporary will mimic many of the final issues in a divorce, e.g., custody and child support (if there are children), alimony, division of property, who lives in and pays for the marital residence, division of debts, cars, . . ., etc. However, none of this is permanent, thus, issues like retirement are not addressed and the main idea is to maintain status quo and prevent the marital assets (and debts) from being depleted.



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