If I were to file seperation papers, does that mean I must file for divorce? I live in Virginia.
2006-10-16 14:45:03 · 8 answers · asked by snoball_200118 2 in Family & Relationships ➔ Marriage & Divorce
Do seperation papers and divorce have to be filed seperately?
2006-10-16 14:50:44 · update #1
Is there a time limit on how long seperation lasts before you decide whether or not to divorce?
2006-10-16 14:52:57 · update #2
Consult for legal advice.
There is generally no reason to file a legal separation unless you have a business, want to not file your taxes together or some other legal reasons. It's more time in court, more money wasted on legal fees. If your marriage has ended and all possible routes have been exhausted therapy, marriage counseling, couple's counseling with your minister (insert religion of choice if you have one)
If you have children and want to file your taxes w/o your spouse and your not divorced to file "head of house hold" you have had to have separated and provided for more then 50% of your children's expenses for more then 6 months before December 31st.
And in general to file legal seperation it does mean you plan to file for divorce in the state i had resided in (Washington State) it was 12 months until you could file for divorce.
Weigh all your options. You can also go to your local library and check out personal law books & marital law books.
I personally used a legal secretary to do my divorce in 1995 it was cheaper then a lawyer but our divorce wasn't contested. (we have children but the laws were different then about child custoday, not as tough as they are now)
My current husband used a service in Lakewood, Washington to do his papers and file his divorce they were a TOTAL waste of money!!! She fought the divorce cause she wasn't willing to lose a walking wallet. He had to continue to have his papers "redone" by this company. In the end i redid his divorce and parenting plan myself, met her at the bank (so they could be notarized) and took them by hand to the judge in the county they had been filed and he signed them the day i delived them.
2006-10-16 15:21:40 · answer #1 · answered by r_me_wyf 3 · 0⤊ 0⤋
No you dont have to get a divorce. filing for separation means just that. The two of you will be separated from each other for whatever time needed. You can still get back together if you work things out. Good Luck.
2006-10-16 15:05:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I live in VA also. Separation is not grounds for a divorce. If you have children or a child under the age of 18 you have to be separated for 1 year, if you have no children or any over 18 then it's 6mos. Many people separate and decide within the separation time that they want to work on their marriage.
2006-10-16 14:50:40 · answer #3 · answered by lalinda 1 · 0⤊ 0⤋
Depends on your state. Consult with a lawyer and find out if there are time constraints. I have filed separation papers and have set a time of six months to decide if I will go forward with a divorce, but this is in California.
When you file for separation it is basically to protect yourself financially. If your spouse accrues more debt, then you won't be liable for it.
2006-10-16 15:05:14 · answer #4 · answered by mergirl 4 · 0⤊ 0⤋
No. It means that you are notifying the court that your legal status may change and preserves the right to file for divorce. If you reconcile you can back out of it. Visit the clerks office at the courthouse, or contact your local legal Bar for specific advice on divorce.
2006-10-16 15:05:42 · answer #5 · answered by Michael F 2 · 0⤊ 0⤋
No, a legal seperation does not mean you "have" to get a divorce, check with an attorney for specifics as laws vary state to state as far as time requirements and what may and may not be done with property, custody, ect.
2006-10-16 14:52:22 · answer #6 · answered by OleMarbleEyes 5 · 0⤊ 0⤋
If you are just separating to take time apart then no you don't have to. But if you are definetely heading to divorce court then file the papers as soon as possible just to get things undweway faster.
2006-10-16 14:47:24 · answer #7 · answered by Lov'n IT! 7 · 0⤊ 0⤋
No. Filing for separation leaves the door open for reconcile without having to get married all over again.
2006-10-16 15:13:09 · answer #8 · answered by tmtm 2 · 0⤊ 0⤋
No you don't have to divorce however it is generally best to have closure
2006-10-16 15:10:21 · answer #9 · answered by Anonymous · 0⤊ 0⤋
The answer to your 2 questions is "No" and "No". :)
2006-10-16 15:04:44 · answer #10 · answered by MyQute 3 · 0⤊ 0⤋