A legal separation decree cannot be legally granted based merely on a stipulation of facts or a confession of judgment.
Can a decree of legal separation be based on a stipulation of facts? Read More »
The prosecuting attorney must formally intervene to proactively prevent collusion and ensure evidence is not fabricated or suppressed.
What is the role of the prosecuting attorney in a legal separation case? Read More »
Spouses are legally entitled to immediately live separately from each other upon filing a petition for legal separation.
The court designates a spouse or a third person to administer the marital property if no written agreement exists.
An action for legal separation must strictly be filed within five years from the occurrence of the underlying cause.
What is the prescriptive period for filing an action for legal separation? Read More »
The five-year prescriptive period begins exactly from the time the offense or cause for separation actually occurred.
When does the five-year period to file for legal separation begin to run? Read More »
A legal separation case cannot legally be tried before a mandatory six-month cooling-off period has elapsed since filing.
Can a legal separation case be tried immediately after filing? Read More »
The six-month delay is a mandatory cooling-off period intended to give spouses a genuine opportunity to reconsider and reconcile.
The court is strictly required to take active steps toward reconciling the spouses before declaring any legal separation.
What must the court do regarding reconciliation before declaring a legal separation? Read More »
No decree can be issued unless the court actively attempted reconciliation and is fully satisfied that it is highly improbable.
