Legal Separation Services, Questions, Answers and News.

When married people decide to separate but remain legally married because they no longer get along, but want to protect significant religious, social, legal or financial interests. A legal separation can determine the parties' rights and responsibilities for property, child custody, child support and spousal support. See AS 25.24.400 - 460.

Question: Legal separation? Legal Separation New York? My parents have been on again off again for years. Can they live together while being legally separated so that they can file for a divorce after one year if they wish? What do they need to do to get legally separated and how will that affect health insurance and taxes and stuff? Maybe someone knows of a website I can go to. The problem is they change their minds all the time so what if they do not want to be legally separated anymore, then what?

Answer: No you can not live together if you have a legal seperation in New York state. To do so makes the seperation null and void and in order to begin the divorce process they will have to get another legal seperation before they can file for divorce. In a legal separation nothing much changes other than the two parties live seperatly. They will have to discuss with their lawyers how they want the finances to be divided and whether they maintain the same insurance etc. It depends upon wht they agree upon. Sometimes an arbitrator is needed sometimes it is necessary to go to court. But first they have to decide once and for all just what it is they want, they can't keep going back and forth because they are wasting the court's time and money by doing so and that is illegal.

Question: legal Separation? Legal Separation can someone please explain this to me? Is it true if you file for LS and the marriage dont work the divorce procees is faster? How much does it cost for LS in NJ?

Answer: no one knows, you should just go ogle on the Internet

Question: What is considered a legal separation prior to a divorce? My spouse and I are planning on getting a divorce. In our state, you have to be separated for 12 months before you can start the legal process. However, due to the economy, we decided to live separated under the same roof. Will this count towards the separation or does separation mean that we have to live apart from each other? How do you prove this?

Answer: . --------------------------------------… Separation and Separate Maintenance Separation, as the term implies, means the wife and husband are living apart. The wife and husband generally are not required to separate in order to obtain a divorce, although for psychological reasons, it usually works out that way. In some states, certain grounds for divorce may require that the parties live apart for a specified period of time, but in most states there are grounds for divorce that do not require a period of separation. A legal separation also means the husband and wife are living apart, but a legal separation has the added element that the arrangement is ordered by the court or agreed to by the parties in a written document. The fact that the separation is part of a court order or written agreement makes it a “legal separation” I got the information from findlaw.com and as you said some states require legal separation before a divorce while others do not. There is nothing referring to living in separate homes, but you might want to make sure by checking with your state bylaws. They should have some kind of website, or check the phone book.

Question: How do I switch legal separation over to divorce without having a lawyer? I am currently legally separated but I would like to get it switched to divorce. Been legally separated for 6 months now and want a completed divorce, but she won't change it. My ex wife has a lawyer and she is the one that filed for legal separation. I would like to switch it over to divorce but I do not have a lawyer. So how can I do this? I live in Indiana.

Answer: Go down to the Court and ask the clerk for the forms that you need to fill out and file. I don't know about Indiana, but where I live and work (Maricopa County Arizona) our Superior Court has all their forms online. You might want to check to see if your county does too.

Question: What constitutes a legal separation in NY? I understand 2 people must be separated for 1 year before they are able to file for divorce in NY, but does that separation need to be a "legal separation" (do they need to file something with the courts at the beginning of that year) or is it ok if both parties agreed to live apart for the last year and can prove separate residences, but haven't filled out any legal paperwork? After that year of separation, and the parties file for a divorce how long before it becomes final? Thanks.

Answer: Im an expert here!! cause i've asked so much! i live in NY and you have to have grounds...not necessarily be separated 1 yr, i mean, here are the grounds: 1.Abandonment- they left you for more than 1 year 2.Adultery- self explanatory, must have 3rd party willing to sign an affidavit stating that spouse was committing it and they knew of it 3.Confinement in Prison for 3 or more years 4.Separation agreement convert to divorce- must be legally separated 1 yr 5. or a Judgment of separation-convert after 1 year(this is rarely used) You must have legal documents on file . You aren't legally separated unless and until you have that document on file. Here is an example of my legal separation names changed of course. if you want a sample of a legal marital agreement, let me know, i'll email you a copy of mine...

Question: What is the difference between a legal separation and a divorce in California? Aside from the fact that a divorce allows one to re-marry. How is property, assets, liabilities divided in a legal separation?

Answer: "In California, a legal separation does not end a marriage or domestic partnership. You can't marry or enter into a partnership with someone else if you are legally separated (and not divorced). A legal separation is for couples that do not want to get divorced but want to live apart and decide on money, property, and parenting issues. Couples sometimes prefer separation for religious reasons. You do not have to meet the state's residency requirements, either. you can ask the judge for orders like child support, spousal support, partner support, custody and visitation, domestic violence restraining orders, or any other orders you can get with a divorce case."

Question: What is the process for a contested legal separation in Missouri? My wife filed for a divorce but I am not okay with it. We have only been married for a year and a half and we do not have kids. I want to file for a legal separation, what will this do?

Answer: To learn your rights, join Dads House in Yahoo Groups http://Dads-House.org/ http://icanhaz.com/DivorceFirstAidKit http://icanhaz.com/Divorce-InitialPrecau… \\\\\\\\\\\\\\\

Question: How do I go about getting a legal separation? I live in Southern Indiana and need to know how I go about getting a legal separation. Do I need a lawyer? Does it cost much to file the papers? I assume my husband and I have to go together to file for this? I was thinking of going to the county clerk's office Monday morning or afternoon, is that where I start if I don't need a lawyer? I can't find the answers I need online. Thanks for any help.

Answer: each State have different laws set up for those type things so your best thing to do is contact a lawyer. The county clerks office can explain what you need to do too.

Question: How should legal separation papers be served? My "husband" filed legal separation, his lawyer sent them through the normal mail, not certified. He knows exactly where I live and has my address and send me a $100 check every month. Is this a legal way to serve me. He is in New Mexico and I moved to Washington State he has several family members who live up here if that matters. He is in the military and I have heard the military doesn't recognize legal separations? Is this true? Thank you for your help.

Answer: Well it depends if the papers are notarized. But no I don't believe that's legal. and as for the military not recognizing legal separations this is absolutely true, my soon to be husband is going through this too with his ex wife, he's been legally separated from her for over a year and has been trying to get the divorce moving ahead but can't get her to do anything on her part so in order to serve her with papers he had to go through a lot of hoops, especially through JAG and she has 3 months to respond, if not it needs to go to the court. I hope that helps!

Question: How can I obtain a divorce from a legal separation in ct? I have a legal separation from the courts, but now want a final divorce. What do I need to do?

Answer: Now that you have a legal separation, you need to commence an formal action for divorce. This is done by filing (with the court) and serving a Summons and complaint for divorce. Your grounds will be that you were living separate and apart pursuant to a judgment of separation. The relief, in terms of the prioperty settlement will be based upon the Judgment of separation. The problem here is that once the separation was obtained, why wasn't a divorce obtained at the same time? Now you have to start a second action to finish the job. However, as the separation agreement is in force, it is likely that your spouse will not object and the divorce can go through on default with the separation agreement being enforced.

Question: Can a legal separation be filed if a spouse refuses to sign it? I want a legal separation but my spouse said he will refuse to agree to this or a divorce. He wants to work things out but I do not (due to long-standing issues). There is a child involved which is the reason I want this done legally and I'm in New York State.

Answer: You don't need an attorney to ask the judge to grant your separation. There is something called "self representation". Why pay a lawyer to ask the judge something you can easily ask him? Go to court.

Question: What is the easiest and least expensive way to get divorce or legal separation? My husband and I are not working out. He has "broken up" with me minus the divorce. Right now I am contemplating getting a legal separation since i don't believe in divorces. Is there any way i can obtain it without having to pay so much out of pocket money to get it? I know our legal separation wont cause a nasty fight between us since we have already divided our assets. O and I live in CA. i don't know if that information makes a difference.

Answer: My friend got divorced and the only thing they really had to pay was to file at the courthouse (which in Idaho is $125). They were able to work everything out without lawyers, so if you can do that, a divorce can be cheap.

Question: What are the military laws on legal separation? My husband and I are currently going through a divorce, and he is military (national gaurd). He has told me that the military does not recognize a legal separation and that we are still married until the divorce is final. He has also said that if either him, myself, or both of us were to get involved with anyone else before the divorce is final, that we could be thrown in jail by the military. Is there any truth to this what so ever, or should I just add it to the list of lies that he's always fed me? Thanks!

Answer: What he said is partially true. There really is no legal seperation for military members. Meaning, he still has to provide for you, and if you have any kids. It sounds as if you are not military, but without you saying I don't know for sure. If you are not military, how can they put you in jail, they have NO jurisdiction over you. He's the one that would get in trouble for infadelity. It seriously sounds as if he is stretching the you-know-what out of the reg's!!

Question: How does one file for a LEGAL SEPARATION in the state of Delaware? You have to be legally separated for 6 months before you can divorce in Delaware. I've googled for the procedures to file for a legal separation but I can't seem to find anything specific. It's almost as though they just take your word for it that you've been separated...

Answer: go to your local court house and ask for papers to file a LEGAL SEPARATION, the rest is abc

Question: How long does a legal separation last ? I have been married for 9 years and we had a legal separation 5 years ago. I was just wondering how long they last?

Answer: It is different for each state. It is usually 60 days to 1 year. You could easily get a divorce now, as long as you have had no intimate relations. Make sure you get alimony (spousal support) and child support. Peace.

Question: Legal Separation in a community property state? I am planning on filing for a legal separation from my husband. I live in Arizona, which is a community property state. My husband has a huge child support debt. I'm trying to avoid being held partly liable for this debt, and am wondering if I'll be protected after I file for separation. I want to be able to file my taxes without worrying if his ex wife will get a take of my income tax, even though he hasn't worked at all for years, and I earn all the money. He'll be moving out soon and I want my life back, please help!

Answer: why file for legal separation? in most states it costs just as much as a divorce, so really you'd be payin for it twice

Question: How do I file for legal separation and what are the requirements in Nebraska? I don't want a divorce but I would like a legal separation...we have problems and will be living apart, but for reasons of child care, need it legally handled. Can I do it myself, can I get forms at the court house or must I buy some package online, and are there residency requirements. I am a stay at home mom, so hiring a lawyer is kind of out of the question. Any help would be appreciated!

Answer: You can go down to your local county courthouse (in the county you live in) and you should be able to ask the clerk of the family court for the package or packet of documents that you need, they are free and the clerk should be able to explain the process to you. Don't waste your money on buying a package online when you can do it free.

Question: Is it possible to get a legal separation for free in Missouri? Serious answers only please! I need to get a legal separation, and fast! I live in Kansas City, MO Jackson County. I haven't been able to locate a form online that is truly FREE. Do you know where I can get this information? What steps do I need to take to get this done? Thanks so much.

Answer: contact your court house and tell them your situation and more than likely they will give you the number for legal aid that provides attorneys for people with limited or no income

Legal Separation

Legal Separation Related Products and News