How to file for a legal separation in 7 steps
Legal separation is getting separated through court, where everything is settled in court, like the maintenance funds and reasons for separation. Couples who do not want to live with one another often go for Legal Separation Process. After they get separated through court orders, they have a right to live apart, but this does not mean that they have been divorced. Usually, Muslim couples do not have the right to separation as they have the option of Dissolution of marriage by way of Khula or divorce. That means Filing for Separation is for the non-Muslims who want space from their spouse. Here are 7 steps through which a couple can file for a Separation Agreement.
File for Legal Separation in 7 Steps:
1. Get a Family Lawyer:
All cases related to grounds for legal separation, divorce or marriage are dealt with in the family courts; thus, these cases require a family court lawyer. So, the first step towards your legal separation or divorce would be to get a family lawyer who would read your case and devise the future path for you.
2. Provide the Grounds for Legal Separation.
Couples cannot separate without solid reasons or strong grounds. There has to be a reason that made the couple make the harsh decision to get spousal separation. Therefore, the next step is to provide your family lawyer with the legal grounds on which you would be filing for legal separation. Grounds on which the chances of getting separated are higher include domestic violence, infidelity and mental illness.
3. Gather Relevant Documents:
The third step would be to collect all the documents that you would need during the court hearings, including marriage certificate, proof of grounds for separation and Cnic etc.
4. Drafting of a Legal Separation Agreement Document
The next step would be to make a legal separation agreement. Your lawyer would consult both parties and will develop an agreement based on child maintenance, child custody, division of assets and any other conditions that the couple would want to add.
5. Filling for Legal Separation in Court
The family lawyer that you have hired will assist you in filing a petition for legal separation in court and will also help you attach all the relevant documents.
6. Court Hearings
After filling the petition, the court will hear your case and would listen to the points of both the parties. The court will address all the matters, including maintenance, child custody and other related issues.
7. Issuance of Legal Separation Decree
After hearing both sides if the court is satisfied, they would issue a decree of legal separation the couple would be legally permitted to stay apart.