Divorce or legally seperated,,,,

[jumpwally 0]

Whats the diff ? A guy here at work said he's taking a couple of weeks off to clear his head,said he and the wife are legally seperated now,,,,,what does that mean,,,any lawyers out there.....? Seems like the same thing to me....

smile, be nice, enjoy life
FB # - 1083

[BIGUN 1,488]

http://divorcesupport.about.com/od/separation/f/legal_separatio.htm

Nobody has time to listen; because they're desperately chasing the need of being heard.

[jumpwally 0]

Thanks,,that clears it up,,,,asset protection

smile, be nice, enjoy life
FB # - 1083

[Andy9o8 2]

Some states have a recognized legal marital status known as "legally separated", while other states do not; in the latter states, you are either legally married, or you are not - period. Without looking it up, I don't know what the case may be in Illinois.

[AggieDave 6]

In Texas "legal separation" pretty much means nothing when it comes to property, debt or any other tangible item.

--"When I die, may I be surrounded by scattered chrome and burning gasoline."

[mnealtx 0]

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In Texas "legal separation" pretty much means nothing when it comes to property, debt or any other tangible item.

Aint THAT the truth!!

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[skyrider 0]

I think on a grass root level, it means they can cheat, and not be held accountable!

[turtlespeed 226]

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I think on a grass root level, it means they can cheat, and not be held accountable!

It's not cheating if the papers are signed.

I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

[jumpwally 0]

Not if you read the clicky,,see the "how to behave" section,,,

smile, be nice, enjoy life
FB # - 1083

[skyrider 0]

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I think on a grass root level, it means they can cheat, and not be held accountable!

It's not cheating if the papers are signed.

that was my point!

[jonstark 8]

Why cut away but hold onto the risers?

If you're gonna chop it... CHOP IT!

jon

[Andy9o8 2]

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Why cut away but hold onto the risers?

Because in those states that have "legal separation" (again: many do not), it's a fast, less-cumbersome way to begin to formalize some of each party's rights and responsibilities without having to await the final decree of divorce proceedings, which sometimes can take years. It's also a way to begin re-building your personal and/or financial history as an individual, which can be important for things like credit and financing, etc.

[jonstark 8]

Ah So

[lawrocket 3]

In Cali, legal separation and divorce are the same thing - except you can't marry anyone else. It's useful for divorces with people who think they'll burn in hell with a divorce.

Also, a legal separation is a sneaky way to get an action filed in an inconvenient place.

Finally, in Cali, you cannot object to a divorce (they are no fault) but you CAN object to a legal separation.

My wife is hotter than your wife.

[jumpwally 0]

"sneaky action filed " what does that mean ?

smile, be nice, enjoy life
FB # - 1083

[Andy9o8 2]

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In Cali, legal separation and divorce are the same thing - except you can't marry anyone else. It's useful for divorces with people who think they'll burn in hell with a divorce.

Also, a legal separation is a sneaky way to get an action filed in an inconvenient place.

Finally, in Cali, you cannot object to a divorce (they are no fault) but you CAN object to a legal separation.

I'm curious/lazy. In Cali:

- Does legal separation terminate a spouse's right to guaranteed "X" percent of a deceased spouse's estate, regardless of what's in the decedent's will (if any) or the objections of the other survivors (esp. if intestate)? (Because in many states that don't have legal separation, one can never 100% disinherit a separated spouse, no matter how long the separation existed pre-mortem)

- Does L/S morph a tenancy by the entireties into a joint tenancy? (Because divorce usually does)

- Does L/S nullify spousal immunity from testimony? (Because divorce usually does)

[lawrocket 3]

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"sneaky action filed " what does that mean ?

Let's say your spouse wants a divorce and runs to California. For a divorce there is a six-month residency requirement in the state for jurisdiction plus a three month residency requirement in the county. Add to that a six month waiting period for the divorce after service of summons and there could be a year wait.

Legal separation has no requirement. So your spouse can go to Cali, file immediately for legal separation, wait six months and turn it into a divorce. Or, flee from San Francisco County to Riverside and make you fight a separation proceeding ina different county - until three months later when it becomes a divorce.

That's the sneakiness I've seen.

My wife is hotter than your wife.

[Andy9o8 2]

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Why cut away but hold onto the risers?

Because in those states that have "legal separation" (again: many do not), it's a fast, less-cumbersome way to begin to formalize some of each party's rights and responsibilities without having to await the final decree of divorce proceedings, which sometimes can take years. It's also a way to begin re-building your personal and/or financial history as an individual, which can be important for things like credit and financing, etc.

Oh, here's one more reason for L/S rather than divorce - (in addition to the "not burn in hell" reason noted by Lawrocket): L/S is a good way for spouses to legally live separate lives, but still qualify for coverage under the spouse's employer-provided health insurance.

[lawrocket 3]

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In Cali:

- Does legal separation terminate a spouse's right to guaranteed "X" percent of a deceased spouse's estate, regardless of what's in the decedent's will (if any) or the objections of the other survivors (esp. if intestate)? (Because in many states that don't have legal separation, one can never 100% disinherit a separated spouse, no matter how long the separation existed pre-mortem)

In Cali, a dissolution separates and divides all property. The will of a divorced spouse will have alreayd divided things. So let's say Husband wills the house to his son. Then husband divorces wife and husband keeps the house. It's all the husband's to do what he wants. Or, if the wife keeps the house then he cannot will the house away.

In Cali, all assets and debts are divided with both divorce AND legal separation.

If a spouse dies after separation but pre-divorce, then the divorce or legal separation action goes to probate.

As I said, the L/S and divorce do the same thing in Cali except for restore them to married people. I've seen legal separation used for relaigious reasons. I've also heard of it being used to try to keep a spouse on insurance, etc.

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Does L/S morph a tenancy by the entireties into a joint tenancy? (Because divorce usually does)

We don't have "tenancy by the entireties" out here with married people. We've got either joint tenancy, husband and wife as joint tenants as community property, or separate property. A divorce judgment will usually convert the tenancy into a joint tenancy or tenancy in common.

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Does L/S nullify spousal immunity from testimony? (Because divorce usually does)

It nullifies immunity from testimony since the rule deals with a "spouse." But here the "spouse" of the party is the one with the privilege. Few divorced spouses will say, "I won't testify against my ex-husband." The ex-husband has no right to object.

HOWEVER: the privilege for confidential marital communications remains after divorce. IF the spouse was talking to his wife about, oh, committing malpractice, then they get divorced and call the non-party to a malpractice action as a witness, the party spouse may still object since the conversation was privileged and there was an expectation of privacy.
- Does L/S morph a tenancy by the entireties into a joint tenancy? (Because divorce usually does)

My wife is hotter than your wife.

[jumpwally 0]

How would you file income taxes in a situation like that.....?

smile, be nice, enjoy life
FB # - 1083

[Southern_Man 0]

As long as you are still married you are eligible to claim the married filing jointly status, but you are going to have to agree to file together (usually this makes financial sense for both parties). You can also file as "married filing separately."

In Virginia there is no legal status called "legally separated." The parties have to live "separately and apart" for one year (six months in limited cases) prior to receiving a divorce. There is a lot of case law defining what separately and apart means. Many parties will sign a "separation agreement" that protects both parties interests, divides property, prevents running up debt , etc. and these can be enforced in the courts just as any other private contract can be. There is no requirement for parties to do so and neither party can compel the other one to agree to a separation agreement.

Even with a separation agreement a spouse could still be sued for divorce w/ cause on grounds of infidelity.

"What if there were no hypothetical questions?"

[lawrocket 3]

Each state is different and divorces and separation are creatures of state law. For example, in California divorce is "no fault." It means that you don't have to prove a reason for it, short of saying that irreconcilable difference has arisen and that you do not believe any amount of counseling can save the marriage.

Each state, however, is different. While the laws of physics stay the same from state to state the laws of statute do not. Anything that anyone does should be pursuant to counsel from an attorney licensed to practice in that jurisdiction.

My wife is hotter than your wife.

[SivaGanesha 2]

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Whats the diff ? A guy here at work said he's taking a couple of weeks off to clear his head,said he and the wife are legally seperated now,,,,,what does that mean,,,any lawyers out there.....? Seems like the same thing to me....

In some jurisdictions legal separation for a certain period of time was/is one of the legal grounds for divorce. Usually there were other grounds as well but going the legal separation route often led to a less messy divorce than have to prove adultery, physical cruelty, etc.

In general divorces have gotten easier to get over the years, but there are still some jurisdictions/circumstances where a legal separation is a convenient first legal step to divorce.

"It's hard to have fun at 4-way unless your whole team gets down to the ground safely to do it again!"--Northern California Skydiving League re USPA Safety Day, March 8, 2014

[Andy9o8 2]

Dude yer late to the ballgame. It's 7th inning stretch already.
Gemme a dog 'n a beer.

[SivaGanesha 2]

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Dude yer late to the ballgame. It's 7th inning stretch already.
Gemme a dog 'n a beer.

A number of people have chimed in on this thread offering their $.02 worth over a period of several days. I'm not quite sure why you're singling my response out as being especially untimely or unwelcome.

"It's hard to have fun at 4-way unless your whole team gets down to the ground safely to do it again!"--Northern California Skydiving League re USPA Safety Day, March 8, 2014