District of Columbia Homestead Declaration following Decree of Legal Separation or Divorce

State:
Multi-State
Control #:
US-02099BG
Format:
Word; 
Rich Text
Instant download

Description

Ordinarily, the declaration must show that the claimant is the head of a family. In general, the claimant's right to select a homestead and to exempt it from forced sale must appear on the face of the declaration, and its omission cannot be supplied by extraneous evidence. Under some statutes, a declaration of homestead may be made by the owner or by his or her spouse.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

How to fill out Homestead Declaration Following Decree Of Legal Separation Or Divorce?

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FAQ

You Can't Remarry if You Are Legally Separated Another disadvantage of a legal separation is that it doesn't end your marriage. You can't remarry if you are legally separated. Therefore, you and your spouse must remain married on paper, even if you live apart and consider yourselves divorced.

Legal separation in Washington State offers a little bit of both divorce and marriage. Couples can lead relatively separate lives while still legally married. One of the advantages of legal separation is spouses can keep some (but maybe not all) of the financial and health benefits they enjoyed as a married couple.

Legal Separation is a court-decreed right to live apart, with the rights and obligations of divorced persons, but without divorce. The parties are still married and cannot remarry.

Legal separation allows a couple to resolve all the important issues (custody and financial issues) in their lives while keeping the marriage intact, and determining what they really want.

If you're not 100% sure you want to end your marriage, a legal separation can give you space to figure things out while still protecting you financially. Couples that can't go through a divorce for religious reasons also turn to legal separation.

Waiting Period Differences Another difference is that Washington law requires a 90 day waiting period after filing the petition for divorce before agreed final divorce orders can be entered. On the other hand, many counties in Washington interpret the rule to NOT require the waiting period for Legal Separations.

Washington State law does allow married couples to enter into a binding legal separation instead of an actual Dissolution of Marriage (divorce). Legal separation in Washington State allows you and your spouse to obtain a court approved Decree of Legal Separation.

What Are the Requirements to Covert a Legal Separation to Divorce? If a separated couple wants to get divorced, they must wait six months from the date of their separation. After the six-month waiting period, either spouse can petition the court by filing a motion to convert the legal separation into divorce.

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District of Columbia Homestead Declaration following Decree of Legal Separation or Divorce