QUESTION
Can it be considered legally separated if the spouse left for almost 3 years and lives in another state?
Asked on Jan 23rd, 2014 on Divorce - California
More details to this question:
Does it make a married couple legally separated if their spouse leaves the state to live in another state for a minimum of 900 days?
8 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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No, the only way to be legally separated is by an order of a family law court with jurisdiction to enter such an order. You should consult with an experienced family law attorney to assist you with these questions.
Answered on Jan 27th, 2014 at 10:29 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Florida does not have a standard for "legal separation". One day or 900, so what?
Answered on Jan 27th, 2014 at 5:02 PM
In California, you will have to file for divorce and state the date of the physical separation. But it does not constitute a "Legal Separation." It does mean that you are legally separated, however. A Legal Separation is a procedure in court where you divide all the property but stay married. Sounds like you just need to get a divorce. But establishing the date of separation means that everything that you accumulated since and date, and all debts, are your separate property.
Answered on Jan 27th, 2014 at 7:43 AM
No. If there is no judgment of legal separation from a court you are just "separated". You need to file papers with the court to get your status returned to that of an unmarried person.
Answered on Jan 27th, 2014 at 7:43 AM
Legal separation in California is a court procedure like dissolution. Living apart regardless of the length of time does not result in a legal separation.
Answered on Jan 27th, 2014 at 7:42 AM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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It sounds like your separated. Its legal. So what? Do you want a divorce? "Legal seperation" has no special meaning in Texas.
Answered on Jan 27th, 2014 at 7:41 AM
Nothing is legal unless someone has filed with the court.
Answered on Jan 27th, 2014 at 7:41 AM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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Not in Michigan. In Michigan, to be "legally separated," one must file with the Court and serve the other Party with something known as a "Complaint for Separate Maintenance."
Answered on Jan 27th, 2014 at 7:41 AM