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Legal Seperation 

Is legal separation really worth the hassle? A couple is legally separated only if the couple has successfully petitioned a court to recognize their separation, living apart does not constitute separation. It does not automatically lead to divorce, however it’s the first step. The couple can reconcile, in which case they need do nothing in order to remain married. If they do not reconcile, and wish to divorce after the statutory time period, they must then file for divorce. Who would want to go to court first for a separation and then again if you decide to divorce? That’s sounds like a bunch of legal fees that you can do without. I left without going to court BUT I did an “order to show cause” for support of my children. My ex was paying me on his own until he hooked up with the woman he is now divorcing. She lost custody of her children and told him that he should not pay me, so he didn’t. I took him to court and had a garnishment PDQ (pretty dam quick). I think if time apart is what you need, take some time to assess your situation. Don’t do anything drastic until you have thought it thru thoroughly and come to your own conclusion. If someone has advice, its OK to listen but its not their life, its yours. The court doesn’t need to be involved until or unless you are ready for the actual divorce. I think it’s a waste of money and it’s not something that's mandatory. If it makes you feel better to file then do it. Although, wouldnt you rather spend the money on retail therapy or maybe counseling? The courts will be hard enough if and when you actually decide its over. I dont need to pay them for a taste of freedom or a clear conscience. Any thoughts?
by Lori-Woodall  800 Posts 

Posted on 8/18/2008 11:40 PM
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Comments for "Legal Seperation"  (5) (You must be logged in to answer)




I just saw this - and wanted to comment -

 

in most states where legal separation is required, it is actually attached to a "no-fault divorce" provision - a couple has to be legally separated x amt of years before a divorce can be granted on only irreconcilable differences grounds - as opposed to a long drawn out fault divorce. It's actually a less expensive option. The legal separation document that is signed pretty much spells out the provisions of the divorce itself, including the eventual split of marital assets and custody of the children.

Now there are those who are just on the fence about splitting up, and CHOOSE to file legal separation and just document whatever is going to keep their assets "safe" and custody "temporary" - and it in no way is the "driveway" so to speak to divorce - they could file fault or no fault - but they are protecting themselves (sortof) while making that decision. That, is a waste of money - I say sit and shit (aka deal with your marital crap) or get off the pot.

by spaznskitz   3993 Posts
Posted on 8/29/2008 8:06 PM
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Silly is a great word to describe it...ridiculous comes to mind as well. How would you prove not having sex for a year? Cobbwebbs in your vagina? Man, that would definitely make me think twice before getting married there. Not that it all leads to divorce but my goodness, they have way too much control over peoples lives and happiness. If you want out, you should be able to leave...not stay married for a year because they said so. HELLO.....
by Lori-Woodall   800 Posts
Posted on 8/22/2008 11:28 PM
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