Questions about legal separation

[mommyof2]

I'm desperate to get some information about legal
seperation.I've been married for 6 years.My husband and I have two
small children.I'm stay at home mom .Over a month ago my husband left abroad for work. Just few days ago he mentioned something about
divorce because as he says" we want different things
from life and that he isn't happy with me" I have
ignored this kind of message because I never thought
my husband would be serious about it.
Some time ago he called me to say that he is
going to file for a legal separation.
I love my husband and dont want to separate or get
divorce.I told him that I will not sign any
documents,he says I dont have to.

My question is , do I have to sign the papers in order
to make the separation legal?
Secondly,what does it mean legal separation ?
Thirdly,how long does the separation last and who
decides on its lengh?
What happens after,if my husband still is so unhappy,
does he need to file for divorce or does that happen
automaticaly after separation period is over?

I don't know what to do,I depend on my husband,I can't
raise two small children having no money to live on. I
love him.He says though that during that time , which
is that month of being away from me and having so much time to
think , he concluded that he doesnt love me and that
he " left me when he closed the door and took off for
work . He told me that I can look for a house so
that I can move with the my children and he will pay, but
first we have to sell some property we have abroad.

Please help me, I can't afford a lawyer because I
don't have money,all I need is someone like you guys who know something about it,who
could just advise me or just answer my questions,I am
very worried of my future and want to know if when I
dont sign the documents for separation or divorce ,the
separation wont take place.I still see some hope ,though my husband said it's all over. What do I do now?

Thanks,
mommyof2

[logicalvelocity]

Sorry to hear about your situation,

this is just an opinion

A legal separation is when both parties participate in a legal separation agreement. The agreement will clarify the terms of separations until divorce is granted. The separation agreement could form all or part of the divorce settlement.

Custody of children;
access to children;
Child support;(tabled amount)
Spousal support - quantum and duration;
division of property and liabilities;
division of pensions;
division of canada pension credits;
division of RSP's;
life insurance policies;
Net equalizations payments;
and possible estate issues in the event of death of either party;
and any other appropiate issue

One thing to note, if your in ontario, you could ask to remain in the matrimonial home as you do have children. I am not sure about other jurisdictions. Divorce and separation is very hard on children. It might be in your children's best interest to keep your children in the enevironment that they are accumstomed to.

One thing is certain, do not sign anything until you consult with a lawyer in regards to all the terms of the separation agreement. All your entitlements and rights will be explained.

[Jeff]

It’s really important that you DON’T SIGN ANYTHING, especially a document prepared by your husband or your husband’s lawyer.

You’ve asked a lot of questions about separation versus divorce. I’ve got some answers here:
http://www.ottawadivorce.com/divorceprocedure.htm


But I think that instead of worrying about all the legalities of separation and divorce, you’ve got to focus on the children and the financial issues.

If you’re husband’s abroad and you’re at home with the children, you’ve most likely got a right to child support. You may well have a right to spousal support and as logicalvelocity says, possibly the right to stay in the matrimonial home.

You should consult with a lawyer at least at first to fully understand your legal situation. Most places have a legal aid or similar program to help people in your situation obtain legal help. As well, a lot of lawyers offer free initial consultations

[mommyof2]

Thanks for your reply,it did help me and now I know not to sign anything just in case the separation thing happens until I get help froma lawyer.