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Legal separation permits each spouse to move on, independently, from their marriage, without going through the formal divorce process. Legally separated couples can often continue providing each other health care, Social Security benefits, and tax benefits.
The process for a legal separation in the District of Columbia (D.C.) begins when one spouse files a motion (request) with the court. In your application, you must include the date of your marriage and separation, and a statement indicating that at least one spouse has lived in the state for a minimum of six months.
DC Code §16-904 states that a couple may seek a legal separation if both parties are willingly and voluntarily living apart ? or living together without cohabitation. A Washington DC separation agreements attorney may provide more information on these principles.
The process is like and uses many of the same forms as divorce. You start by filing FL Divorce Form 203, Petition for Legal Separation. You can get this form from the court forms list at .courts.wa.gov/forms, or you can use one of our Do-It-Yourself packets: File for Legal Separation with Children.
Separation without cohabitation for at least six months, if the separation is mutual and voluntary (in other words, if you and your spouse agree to separate), OR Separation without cohabitation for at least one year, if one of you does not agree to the separation and divorce, then the required separation period is one ...
Rule 4. In cases in which a Domestic Relations action is initiated by complaint, a completed summons with copies for each defendant named in the complaint shall be delivered to the Clerk at the time the complaint is filed, except actions for reciprocal support under D.C. Code § 11-1101(10).
If your DC separation is not voluntary, then you must live separately and apart for a period of one year before you can file for a Legal Separation in DC. This ground is the same as the ground of one year separation for an Absolute Divorce.
Deadline for Opposition or Response to a Motion: 14 days. Under SCR-Civil 12-I (e), ?Within 14 days after service of the motion or at such other time as the court may direct, an opposing party must file and serve a statement of opposing points and authorities in opposition to the motion.?