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Warner Angle Hallam Jackson & Formanek PLC


Divorce and Family Law

What Happens if I File for Legal Separation and My Spouse Files for Divorce?

A Court can grant a decree of legal separation only if it finds that (a) both parties desire to live separate and apart, and (b) neither party objects to a legal separation.

If either party objects to the legal separation, the Court will convert the case into a divorce, or dissolution of marriage.

Therefore, if you file for legal separation, and your spouse does not agree and instead files for divorce, the Court cannot grant a legal separation, and the case will be processed as a dissolution of marriage. Other than religious grounds, there are usually not strong legal reasons for pursuing a legal separation instead of a divorce.


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