Although in some isolated instances a form of Separate Maintenance or Legal Separation is possible and desirable, it is not generally used and it is not a course of action which we frequently advise. The first step is the preparation and filing of a Petition. It also requests the Court, in the event you and your spouse cannot agree, to enter such orders as are required for the support, visitation, property division, attorneys fees and court costs. If your spouse has already filed, be sure to bring a copy of the Petition, especially if you have been served by the Sheriff or served with a summons accompanying the Petition. There is no legal significance as to whether the husband or the wife files the Petition, although there may be some procedural and tactical advantages for the Plaintiff, that is the person who files.
Pride is quite another matter.
Talk it over with your spouse and let's avoid a race to the Courthouse and further hurt feelings over this smallest aspect of the Divorce Action. There are a few exceptions to this waiting period, which we will discuss with you. This is a minimum interval. During the waiting period, we will be trying to help you work out the details of custody, visitation, support, and property settlement. After the Petition is filed, your spouse must receive proper notification.