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There are three types of separation: trial, permanent and legal.
If your spouse refuses to sign the divorce papers and give consent, you must prove the breakdown of the marriage, such as adultery or physical/mental cruelty. If you can show evidence of this when the court hears your divorce application, then you may be granted a divorce.
A legal separation is an arrangement in which the couple remains married but lives apart. The couple may remain legally separated indefinitely, or they may eventually file for divorce. A legal separation may be right for a couple who is not ready to divorce but wants to live apart.
Here's what you should not do during a separation. Letting others influence you. When you and your spouse decide to separate, consider keeping this information private. ... Moving out. ... Jumping into a new relationship. ... Making rash decisions. ... Punishing your spouse.
In the event that they still refuse to engage in settlement discussions or sign a separation agreement, , then the next stage is to proceed to have your matter decided by a third party; either a court, or an arbitrator if the other party agrees to use that process.