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I’m finally getting divorced after being separated for over 10 years and married only for 3. We’ve both been lazy about actually filing because neither one wanted to pay the legal fees. My question is this: Anything I’ve acquired during this separation time is mine right? He has no legal right to it?
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hmmm interesting question. There are different types of separation and the nature of your separation will determine whether or not your spouse is entitled to anything earned during this time. I have outlined the different types below…
Trial separation: When a couple lives apart for a test period to decide whether or not to separate permanently. Even if the couple decides not to get back together, the assets accumulated and debts incurred during the trial period are often considered jointly owned.
Living apart: Spouses who no longer physically reside in the same home are considered to be living apart. In some states, living apart without intending to reunite changes the spouses’ property rights. Thus, all assets and debts accrued during the separation period belong to each individual spouse.
Permanent separation: When a couple decides to split up, it’s often called a permanent separation. In most states, all assets and debts accrued after permanent separation are the separate property or responsibility of the spouse incurring them.
Legal separation: A legal separation results when the parties separate and a court rules on the division of property, alimony, child support, custody and visitation rights, but does not grant a divorce. The money awarded for support of the spouse and children under this situation is often called separate maintenance.
READ ABOUT TYPES OF SEPARATION
http://www.legalmatch.com/law-library/article/separations.html
I am trying to find out whether I can be automated divorce after being separated from my husband under the statue of limitations laws. I have been separated for 19 years and I resided in the state of South Carolina and he resides in the state of Georgia.
Thanks,
Debbie
Please can you email me or write to me at this address below.
Debbie Faison
ll37 Maple Avenue
Denmark, SC 29042