And do you have to do that or can you go straight to the divorce?
2007-12-17 06:15:47 · 3 answers · asked by ? 4 in Politics & Government ➔ Law & Ethics
In addition to the matters listed in the first answer, it protects your assets from claims against the ex-spouse. At the date of separation, the Court or the parties divide all their assets and liabilities. If you've reached an agreement, you do want it formalized by the court. Suppose your ex is in an automobile accident and it is entirely his/her fault and some innocent party is seriously injured. Without a divorce or legal separation, the injured party can go after assets of the marriage. With a legal separation, only the assets of the party at fault can be in jeopardy. Also, as the first answerer said, it is not necessary before a divorce to get a separation. However, a formal separation also protects you from new debts incurred by your ex. Frankly, a legal separation is exactly like a divorce except neither party can get remarried.
2007-12-17 06:42:44 · answer #1 · answered by David M 7 · 3⤊ 0⤋
Depending upon what state you live in, filing legal separation will protect you from any change in asset or liabilities after that date by the other party. Which means all assets and liabilities will be evaluated based on your separation date no when you finally go to court for divorce. No you do not have to file separation before going to a divorce. You can also renig the separation without going to a divorce.
2007-12-17 06:25:11 · answer #2 · answered by nascargryl 2 · 1⤊ 0⤋
you can go straight for divorce if you are sure you want this. the purpose of a legal seperation is to give you rights while the devorce is going thru....who pays the bills, who gets the kids, where each of you live etc.
2007-12-17 06:47:33 · answer #3 · answered by vi 4 · 0⤊ 0⤋