Thursday, January 21, 2010

What does it take for a married couple to become legally separated?

I always thought if one moved out, that was separation. But now people tell me the couple is not legally separated till they have separation papers or something. What exactly are those and how do they work?What does it take for a married couple to become legally separated?
As my lawyer explained it to me, you are separated when one of you moves out. A LEGAL separation means that as of a specific day, neither party is, nor can be, held accountable for the other person's actions. (IE if they incur new debt, etc)





To ensure you are legally viewed as two separate people living two separate lives and are no longer accountable to or for the other person, you have to file some sort of agreement that says so.





That said.. if BOTH of you AGREE that as of a specific day you ceased to function as a married couple and take full responsibility for your individual actions, you are legally separated. The challenge with this is that some people will verbally agree, but still want all the married perks on paper...





For example, when my husband left his first marriage, he took $5000 from the savings and left the balance of their life's investements with his ex ';to cover child support and other household expenses until a formal divorce agreement was reached';. But he never put it in writing.. And the divorce dragged on for 4 years and she spent every dime instead of getting a job to provide HER share of financial support for the kids, and when the final judgement was made that half of what he left her belongs to him - well, there was nothing left....





If you have ANY doubts, put it in writing and make it legal.What does it take for a married couple to become legally separated?
Moving out is separation, it's just not a legal one. In order to have a legal separation that will freeze all assets you have to go to court and file for a separation. If you don't have a legal separation one of you can empty out the bank accounts, max out the credit cards, take out loans and not pay them and then leave the other one hanging with all the bills.
legal documentation filed with the court
divorce ..

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