SoberRecovery : Alcoholism Drug Addiction Help and Information

SoberRecovery : Alcoholism Drug Addiction Help and Information (https://www.soberrecovery.com/forums/)
-   Friends and Family of Alcoholics (https://www.soberrecovery.com/forums/friends-family-alcoholics/)
-   -   What do you know about Separation? (https://www.soberrecovery.com/forums/friends-family-alcoholics/202326-what-do-you-know-about-separation.html)

whereisthisgoin 06-03-2010 09:14 AM

What do you know about Separation?
 
If there's a link, just poing me to it, thanks!

I'm curious how one goes about getting a separation and if it is a legal process?

LaTeeDa 06-03-2010 09:19 AM

It depends on the state you live in. I live in California, and this was one of the questions I explored in my free consult with a divorce attorney. What I found out is that legal separation and divorce are pretty much the same thing. Except that if you ever want to remarry, you cannot if you are legally separated. Then you have to go back to court and go through the process all over again to get divorced. Although I have no desire to ever remarry :), I decided to go for the divorce because I didn't want to have to go back to court at some point in the future if I change my mind.

Best thing would be talk to an attorney.

Also, you can live separately without doing anything 'legal,' if you want. There are financial risks to consider, though.

L

theuncertainty 06-03-2010 09:59 AM

LaTeeDa's answer pretty much cover's my understanding of separation vs divorce as well.

The State of AK has a self-help family law site that posts links to the forms required in AK for both legal separation and divorce and provides information about the differences. They also offer an informational class on what to expect in the process/court for those who want to represent themselves. It's possible that something similar is set up where you live.

Jazzman 06-03-2010 12:44 PM

In VA a separation agreement (Marital Settlement Agreement) is a contract between two parties that outlines property division, custody, alimony or child support issues, etc. It is incorporated into the final divorce decree that is signed by a judge as part of the process.

I was able to find a ton of info on my states domestic court web site.

Bucyn 06-03-2010 03:58 PM

Michigan and Florida do not have legal separations. However, if you are living apart and have separated your money and credit and debts, and don't interact, the courts generally recognize an informal separation. However, you still have legal liabilities and responsibilities.

Only a local lawyer can really give you answers.

Social security does not recognize separation. If you get married and a week later move to separate states and never speak again but don't divorce for 15 years, they base your benefits on a 15 year marriage.


All times are GMT -7. The time now is 08:14 AM.