legal seperation

blushingbride_3

hi everyone

I have been to see a solicitor to discuss my options due to the breakdown of my marriage

she explained i can divorce (4-6months) or legally seperate.

I'd like to legally seperate to see if the marriage can be reconcilled but we need space to live apart.

Now the house is in my name & i would like hubby to leave, of which he refuses. The legal seperation agreement will be to ensure he leaves the house until a reconillition may occur.

Does anyone know how long this process takes? my solicitor is away until Monday and i am keen to know how long i have to live in a battle zone

thanks

BB

newcook

hmmm - ok so you want the trial seperation and its you thats been to see the solicitor but you expect him to leave?!

blushingbride_3

I want him to leave because the house was mine before we were married.

Its not a temporary split its due to his unreasonable behaviour however i dont want to give up on the marriage totally which is why i'd like to do a legal seperation rather than go straight for a divorce.

newcook

oops - sorry I didnt realise it was your house. pack his stuff and change the locks (though maybe not the best idea if you are hoping for a reconciliation!) how long have you been married?! will he try relate? has he said why he wont move?!

blushingbride_3

He wont leave because he doesnt want to walk away from the marriage

I cant just pack his stuff because he has legal rights for residency as it is his home

He wont go to counselling as he doesnt see how it will help

We've been married 2.5yrs

Alter_ego

Could be time to consider a new username (sorry couldn't resist)

animum

so neither of you want to lose the marriage? maybe explain that by leaving (hopefully temporarily) that it is giving both of you the best opportunity to work things out and that by staying, it is not helping the situation. he maybe sees it as once he is gone....he is gone for good. a lot of men have a negative reaction to counselling and see it as a sign of weakness, not all, just some. I wanted to go to relate but ex was adamant that it wouldnt help - hence the reason we are now going through divorce. hope you manage to get it sorted as it can be very difficult. you may even find that if he does move out, you are happier and do want to divorce, but it is good that you want to try and save the marriage first. the bit i dont understand is why you are going for legal seperation, rather than just normal seperation until you know what you want to do for sure. I have been seperated two years now....didnt have to go through any legal channels for anything until divorce started.

blushingbride_3

he is refusing to leave until i do something legally to make him plus i have been advised by the solicitors to protect myself.

If we rented or similar i would just leave but unfortunately its not that simple.

DVardysShadow

blushingbride wrote: »

He wont leave because he doesnt want to walk away from the marriage

I cant just pack his stuff because he has legal rights for residency as it is his home

He wont go to counselling as he doesnt see how it will help

We've been married 2.5yrs

Run this past us again. You are going to kick him out so you can see if a reconciliation is possible?

That is never going to work in a million years of Sundays. If a reconciliation is a starter as an idea, you need to be in broad agreement that it is worth a try. If you are going to kick him out and he is not of a mind to be kicked out for a reconciliation, it is hardly going to bring about sweetness and light is it?

I would suggest you move straight to divorce and rethink your strategies.

blushingbride_3

I am not asking for advice about what to do i am asking if anyone knows how long the process takes

Mojisola

From this - https://www.bbc-law.co.uk/judicial-separation-faq.php - it doesn't sound as if it's any quicker than a divorce.