QUESTION
Is there such a thing as a legal separation from your spouse?
Asked on Sep 20th, 2011 on Child Custody - Georgia
More details to this question:
My wife left one morning with a few bags and is now living in another state and she has a vehicle registered in my name. Is there legal separation or just plain divorce?
21 ANSWERS
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Yes, there is legal separation as well.
Answered on Jun 21st, 2013 at 1:43 AM
Yes there is legal separation.
Answered on Jun 03rd, 2013 at 2:51 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado you can obtain either a Decree of Dissolution of Marriage or a Decree of Legal Separation from a court. The only difference is that when the Legal Separation decree is entered you are still legally married and thus prohibited from remarriage. A Legal Separation requires the agreement of both parties, while a Dissolution only requires the request of one party. There very, very few good reasons to seek a Legal Separation instead of Dissolution.
Answered on Sep 23rd, 2011 at 11:27 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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PA has no formal legal separation.
Answered on Sep 22nd, 2011 at 7:09 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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It is possible to get a legal separation instead of a divorce. The court has the same authority as in a divorce. The main difference is you are not divorced so you cannot marry someone else. Later, the legal separation can be converted to a divorce if you want, or the case can be dismissed if you reconcile.
Answered on Sep 22nd, 2011 at 5:11 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Florida does not have legal separation. However, you can enter into a separation agreement if you like. Otherwise, you would need to file for divorce. You should consult with an attorney.
Answered on Sep 22nd, 2011 at 11:57 AM
Yes. In Washington, there is a think called a legal separation. In terms of procedure, it is pretty much the same as a divorce. However, there are some substantive differences. First, a legal separation does not dissolve the marriage. Thus, the two of you would still be married to each other. A legal separation does divide all the debts and property, and deals with child support and the parenting plan. Second, a legal separation may be converted to a divorce anytime more than 6 months after the decree of legal separation is entered.
Answered on Sep 22nd, 2011 at 11:23 AM
Georgia does not recognize "legal separation." There are legal actions for divorce and "separate maintenance."
Answered on Sep 22nd, 2011 at 10:45 AM
Steven D. Dunnings
There is a cause of action for a legal separation, but under your circumstances, why not just file for a divorce? T
Answered on Sep 22nd, 2011 at 10:30 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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There is no statute that supports defines a legal separation. If you have reasonable belief that you will reconcile, you may want to think divorce. The longer you are married, the more complicated the divorce becomes.
Answered on Sep 22nd, 2011 at 10:29 AM
In Wisconsin, you can file for a legal separation and obtain a decree for that. It still divides assets, debts, etc. Or you can file for divorce.
Answered on Sep 22nd, 2011 at 9:30 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington yes.All the same issues are addressed but you are still married.A legal separation can be converted into a dissolution of marriage fairly easily however and you can't stop it.
Answered on Sep 22nd, 2011 at 9:18 AM
Patricia C. Van Haren
You can obtain a legal separation or a divorce. Both must be obtained through the court and the procedure is substantially the same, however with a legal separation you would not be able to remarry until you were actually divorced.
Answered on Sep 22nd, 2011 at 8:46 AM
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Under Nevada Revised Statute 123.080, a husband and wife cannot by any contract with each other alter their legal relations except as to property, and except that they may agree to an immediate separation and may make provision for the support of either of them and of their children during such separation.
Answered on Sep 22nd, 2011 at 8:46 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Both Legal Separation and Divorce require a court ordered judgment. Sounds like you are currently just separated. To protect yourself, consult an attorney and take some action toward either legal option.
Answered on Sep 22nd, 2011 at 8:37 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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There is a legal separation We usually use it when parties cannot divorce for religious reasons, or want to try to deal with emotional issues separate from property issues.
Answered on Sep 22nd, 2011 at 8:33 AM
Well, not by that name. Nevada has "separate maintenance" and divorce.
Answered on Sep 22nd, 2011 at 8:27 AM
Theodore W. Robinson
There are both, but today its probably better to just sue for divorce using the No Fault statuteso you don't have towait a year after the Separation is granted. Good luck.
Answered on Sep 22nd, 2011 at 7:58 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If you are not ready to divorce, you can file for legal separation. It is the same as divorce in that you divide all property and debt, but do not terminate your marriage.
Answered on Sep 22nd, 2011 at 7:56 AM
Arizona does have legal separation for spouses who want to divide their financial affairs and live apart without getting divorce. I recommend you speak with an attorney to determine if this is your best course of action.
Answered on Sep 22nd, 2011 at 7:43 AM
Glen Edward Ashman
In Georgia there is no such thing as legal separation.
Answered on Sep 22nd, 2011 at 7:35 AM