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To get a legal separation you must file a petition in your Superior or Family Division Court. It is a distinct legal product rather than being a first step to getting a divorce. In fact, legal separation takes as long as a divorce (average time, 8-10 months), and costs just as much.
If residency requirements are met you will then file a legal separation petition with the court. You may do this by contacting an attorney, using online resources (such as your state government's website) or contacting your court clerk and filing on your own, otherwise known as pro SE.
The total cost of a legal separation can range anywhere from less than $1,000 for an amicable case resolved by a separation agreement to over $100,000 for a hotly contested matter involving battles for child custody, alimony and the disposition of a highly complex marital estate.
To ask for a trial separation, tell your spouse how you feel and work out a plan for your time apart. It's best to tell your spouse ahead of time that you want to talk about your marriage, so they have a little time to prepare. When you sit down to talk, tell them how you feel.
Don't publicize it. Tell someone you are getting a divorce, and suddenly everyone has something to say. Don't move out. Don't maintain the status quo. Don't date just to date. Don't delay the inevitable.
A petition may be filed at the Family Court by either the husband or the wife within 5 years of the occurrence of the ground for legal separation. The first step is filing the petition at the family court.
Lawyer rates go from P80,000 to P150,000. The filing fee could be around P10,000. And the entire process of filing for legal separation, annulment, or the nullity of marriage can reach P350,000 (sometimes higher). It's expensive and traumatic.
Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation.
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