Can it be considered legally separated if the spouse left for almost 3 years and lives in another state? 13 Answers as of January 27, 2014

Does it make a married couple legally separated if their spouse leaves the state to live in another state for a minimum of 900 days?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
No, the only way to be legally separated is by an order of a family law court with jurisdiction to enter such an order. You should consult with an experienced family law attorney to assist you with these questions.
Answer Applies to: Arizona
Replied: 1/27/2014
Law Offices of Lauren H. Kane | Lauren H. Kane
One of the factors is if you have had marital relations. Another is whether you have been representing yourselves as a couple.
Answer Applies to: Pennsylvania
Replied: 1/27/2014
Law Office of Robert E McCall | Robert McCall
Florida does not have a standard for "legal separation". One day or 900, so what?
Answer Applies to: Florida
Replied: 1/27/2014
Kirby G. Moss PC | Kirby G. Moss
Legal separation usually means a divorce or legal separation has been filed. It is safe to say though that you are separated under these circumstances.
Answer Applies to: Indiana
Replied: 1/27/2014
Attorney at Law
Attorney at Law | Frances An
In California, you will have to file for divorce and state the date of the physical separation. But it does not constitute a "Legal Separation." It does mean that you are legally separated, however. A Legal Separation is a procedure in court where you divide all the property but stay married. Sounds like you just need to get a divorce. But establishing the date of separation means that everything that you accumulated since and date, and all debts, are your separate property.
Answer Applies to: California
Replied: 1/27/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Legal separation is a term that references the date when the parties no longer hold themselves out as a married couple. Being separated in this fashion does not formally divide property or end the marriage . There's also something called a petition for legal separation which allows parties to file a petition with the court to divide their property but that judgment you receive in this procedure does not terminate the marriage.
    Answer Applies to: California
    Replied: 1/27/2014
    Peyton and Associates | Barbara Peyton
    No. If there is no judgment of legal separation from a court you are just "separated". You need to file papers with the court to get your status returned to that of an unmarried person.
    Answer Applies to: California
    Replied: 1/27/2014
    Law Offices of Frances Headley | Frances Headley
    Legal separation in California is a court procedure like dissolution. Living apart regardless of the length of time does not result in a legal separation.
    Answer Applies to: California
    Replied: 1/27/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    You and your spouse are separated in Ohio. You are not divorced, and you will have to go to court for that. The court will use the day the spouse left at the separated daythat is the day that they cut off the property and debts that they will divide for you both.
    Answer Applies to: Ohio
    Replied: 1/27/2014
    Borzilleri Law Office | Christine Borzilleri
    Legal Separation is defined by each jurisdiction and usually requires a Court filing to establish the status. Many states no longer require the establishment of "Legal Separation" before filing for divorce. If you are considering filing for divorce or need further, more specific/in depth information, I suggest contacting a local Family Law Attorney.
    Answer Applies to: Rhode Island
    Replied: 1/27/2014
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    Nothing is legal unless someone has filed with the court.
    Answer Applies to: California
    Replied: 1/27/2014
    The Law Office of James P Peterson
    The Law Office of James P Peterson | James P Peterson
    It sounds like your separated. Its legal. So what? Do you want a divorce? "Legal seperation" has no special meaning in Texas.
    Answer Applies to: Texas
    Replied: 1/27/2014
    Catchick Law, PC
    Catchick Law, PC | Matt Catchick
    Not in Michigan. In Michigan, to be "legally separated," one must file with the Court and serve the other Party with something known as a "Complaint for Separate Maintenance."
    Answer Applies to: Michigan
    Replied: 1/27/2014
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney