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divorce and being separated same?
Ok so my wife and are ending things.She is moving out of the house and getting her own place.She says that when she moves out we are separated and we dont have to do any paper work.Is this tru?arnt we still married by law till we sign papers saying we are getting a divorce?I dont think she understand things and i know i dont too.Doesnt it take a year and the courts say it has to be a year before its realy over and done?And in both case we cant have sex with someone els till it is realy all done and over and there is papers saying that?
8 Answers
- Anonymous1 decade agoFavorite Answer
You can be separated, living apart; however, YOU ARE STILL MARRIED AND BOUND BY ALL THE MARRIAGE VOWS. Some people choose to live single, once separated and are simply not CHALLENGED in court for adultery. This is true in ALL of the USA States. The only difference in States rules is that in some States, you have to be separated a year before you can 'file' a divorce in the court. Other States, you can file for a divorce 'whenever', separated or not. People try all sort of things that are supporting their desires...they agree to say they were separated longer than actually done to escalate filling for a divorce...others will file and because of finances, they are still living together. THERE IS NO LAW THAT SAYS YOU CANNOT FILE FOR A DIVORCE IF YOU STILL LIVE TOGETHER...PEOPLE DO IT ALL THE TIME.
From you writings...it appears you don't want her to leave and she is outtie? At any rate, you can file your own divorce in some States, without benefit of a lawyer by buying a Divorce package (instructions) on how to write your own divorce. Of course, IT ALL DEPENDS ON WHERE YOU LIVE. IT IS BEST TO CHECK WITH YOU LOCAL COURT HOUSE, WHERE YOU WERE MARRIED TO GET THE RULES AND OPTIONS BECAUSE THAT IS WHERE A DIVORCE WILL HAVE TO BE FILED. GOOD LUCK LEARNING.
- KaiaLv 71 decade ago
No, your wife is not correct.
If you live in some places in the US, they do have a legal separation which has to happen prior to the divorce, and there is paperwork you need to file first for the legal separation and then later for the divorce.
I can't think of any place where a legal marriage doesn't have to be ended by a legal divorce.
You need to speak with an attorney and get the paperwork started. You'll save money if you look up the divorce laws for wherever you live on line, and try to understand them a little first. If you don't divorce her then she is entitled to half of everything you make/have until the divorce is final. You would also be a bigamist if you re-married..and an adulterer if you had sex,
I would highly recommend NOT listening to your wife in these matters.
- docbrittLv 61 decade ago
To be legally separated there is paperwork you file, but to be DIVORCED, its an entirely different ballgame. Paperwork is only one step in getting a divorce- you have to figure out how to split up finances, who gets the house, custody if you have children, etc. But no, separation and divorce are not the same thing. And yes, it can take months to a year+ for a divorce to be finalized, but theres no law saying you cant date other people while youre seperated.
- scoutma53Lv 71 decade ago
No they are not the same. You can be separated for 20 years and still be legally married. So start the divorce paperwork, it will take months and months depending how much you guys argue about property. I don't know about the sex, I imagine once she has moved out then you can do what you want. If you were both still living together it would be called cheating.
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- 6 years ago
RE:
divorce and being separated same?
Ok so my wife and are ending things.She is moving out of the house and getting her own place.She says that when she moves out we are separated and we dont have to do any paper work.Is this tru?arnt we still married by law till we sign papers saying we are getting a divorce?I dont think she...
Source(s): divorce separated same: https://trimurl.im/d19/divorce-and-being-separated... - Anonymous5 years ago
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Nope. Divorced: Legally Unattached, no mutual responsibility. Seperated: Still Married, but not living together. thats it
- CherylLv 45 years ago
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