A question I get asked almost daily is about legal separation.
Do you need to file papers to be legally separated?
No. Filing documents in court is not necessary.
Are you separated when one spouse moves out of the house?
Most often couples agree that they are legally separated on the day one of them moves out. They can however become legally separated while still residing under the same roof.
Do you need to file papers to be legally separated?
No. Filing documents in court is not necessary.
Are you separated when one spouse moves out of the house?
Most often couples agree that they are legally separated on the day one of them moves out. They can however become legally separated while still residing under the same roof.
Basically, there can be a meeting of the minds that the marriage is over. It could be after one conversation or one argument, after one spouse has hired a lawyer or even upon the discovery of infidelity.
When the spouses can't agree on their separation date, a Master can be asked to decide. He or she will look at when the spouses began living separate lives. They may have been living under the same roof, but were they still sharing a bedroom? Sharing expenses? Making meals for each other? Going out on Friday night together? Hosting Christmas parties? Buying birthday gifts for the other? Taking care of each other when they were sick?
Like many areas of law, it's a matter of the Master looking at the whole picture and making a decision.
When the spouses can't agree on their separation date, a Master can be asked to decide. He or she will look at when the spouses began living separate lives. They may have been living under the same roof, but were they still sharing a bedroom? Sharing expenses? Making meals for each other? Going out on Friday night together? Hosting Christmas parties? Buying birthday gifts for the other? Taking care of each other when they were sick?
Like many areas of law, it's a matter of the Master looking at the whole picture and making a decision.
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