When spouses do not yet have legal grounds for divorce, they may still file an action for Separate Support and Maintenance as soon as they begin living separate and apart.
Filing an action for Separate Support and Maintenance will begin the legal process of allowing the parties to resolve their marital concerns on both a temporary and a final basis. A Separate Support and Maintenance action allows parties to begin to address and resolve pertinent issues such as: use and division of property, child support, child custody, and alimony (or spousal support). Most of the time, a Separate Support and Maintenance action will be filed at the onset of a couple’s separation and after one year of separation, this action may be amended to seek a divorce.
Working with an experienced family law attorney who focuses on divorce and separation before starting this process is important and will help ease the burden of this often difficult process.