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Question
Posted by: Lee | 2010/10/13

Separation

I want to file for legal separation. What are the steps i need to take?

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Our expert says:
Expert ImageFamily law expert

There is no such thing in South African Law as legal seperation.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
www.divorceattorney.co.za
bertus@divorceattorney.co.za
0834439838

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Our users say:
Posted by: family law expert | 2010/10/15

There is no such thing in South African Law as legal seperation.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
www.divorceattorney.co.za
bertus@divorceattorney.co.za
0834439838

Reply to family law expert
Posted by: FIO | 2010/10/14

What area you in?

2 things here - your emotional well-being, and then the practicality of dealing with the situation in such a way that your child is minimally affected, and you are able to allow yourself options for the future, whatever they may be. These options need to be explored, but they cannot be explored until you have found some sort of emotional stability, as th einstability will cloud your ability to think rationally and in th ebest interests of your child.

Have you gone for therapy or counselling to help you deal with things?

Secondly, unless there is a risk to yoru daughter, or to yourself, its legally not really possible to get hubby out the house. You can only mutualy agree to it through mediation, and then you would need somone who is trained to be able to counsel as well as mediate a resolution.

Can he not agree to go temporarily live somewhere else, friends, family or whatever, to let the dust settle and give both of you time to reflect and think clearly about your future? Failing that, your relationship may deteriorate beyond the point of repair. Many people choose seperation as a means to decide whether or not divorce is the solution, but unless some action is taken, you might end up with diovorce as the only solution. Is that ideal?

Reply to FIO
Posted by: Lee | 2010/10/13

at the moment i''m really not sure what i want, all i know is i cannot have my husband near me right now, until we try sort something out. I do not want to move out the the house as we have a child together at the same time don''t want to lose everything we''ve built up.

he''s agreed to go for councelling and rehab for his heavy drinking and hid drug relapse, 1st time in 15 years.

He''s begging me not to leave him, but also need to know where i stand as i cannot financially afford a place on my own. I do not want to disrupt my daughers life.

so much has happened so fast and i''m really desperate for information, i go talk to people but it''s just not sinking in as i''m shattered by this.

please help with any info where ever you can as i''m really lost.

Reply to Lee
Posted by: FIO | 2010/10/13

What do you mean by legal seperation as opposed to divorce?

What are your circumstances, and what exactly do you want? Are you married, living with someone etc?

Reply to FIO

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