QUESTION
Does living apart ever become a legal separation without filing anything with the court?
Asked on Jul 02nd, 2014 on Divorce - Washington
More details to this question:
My lawyer is trying to say that since we have lived apart for 3 years, my and our children's right to a share of his current financial assets ended a year ago, and we only have a right to what he had before that.
2 ANSWERS
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Once you separate, anything acquired after that separation is separate. Your children have only a right to child support nothing else. You have a right to a share of the marital assets aquired prior to separation. The sooner you file after a physical separation, the more you protect those assets. File, there's nothing to wait for.
Answered on Jul 03rd, 2014 at 4:00 PM
Dave Hawkins
Once separated, you no longer have an intimate marital-like relationship which gives rise to an equitable property distribution.
Answered on Jul 02nd, 2014 at 10:44 PM