Is it necessary to be legally or officially separated before you get a divorce and why? 11 Answers as of August 27, 2015

We just decided to get a divorce. We have been married and living together for 2 and a half years. We never decided to separate legally, though my husband has been staying with friends lately. Do we need to be legally separated before we can get a divorce?

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
No. At least not in most states. You can simply file a petition for divorce.
Answer Applies to: Wisconsin
Replied: 6/23/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
In Michigan there is no need to be separated prior to initiating a divorce However In some states there is a legal requirement that you be separate for up to a year prior to filing for divorce.
Answer Applies to: Michigan
Replied: 6/23/2015
Diane l. Berger | Diane L. Berger
No, you do not.
Answer Applies to: Nebraska
Replied: 6/23/2015
Law Office of Martin A. Kahan | Martin A. Kahan
No, you do not have to be legally separated. ?You can file the divorce even if living together.
Answer Applies to: California
Replied: 6/23/2015
Law Office of Robert E McCall | Robert McCall
IFloridea you do not need a Legal Separation.
Answer Applies to: Florida
Replied: 6/22/2015
    James M. Chandler | James M. Chandler
    No! You just need to file a petition and the other paperwork for a dissolution.
    Answer Applies to: California
    Replied: 6/22/2015
    Law Offices of Gerard A Fierro
    Law Offices of Gerard A Fierro | Gerard A Fierro
    You can file for a divorce now. You do not have to be legally separately first.
    Answer Applies to: California
    Replied: 6/22/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    No it is not necessary to be legally separated before you file for divorce. If you are not yet separated however have you considered marriage counseling. Good luck.
    Answer Applies to: Florida
    Replied: 6/22/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Legal separation is a distinction that is different than physically separating. Legal separation divides property, results in a property division judgment but does not terminate the marriage. I believe what you're talking about is physically not living in the same domicile or alternatively knowing that your relationship is irretrievably broken. Please meet with an experienced family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 6/22/2015
    Henry Lebensbaum | Henry Lebensbaum
    That would be a no.
    Answer Applies to: Massachusetts
    Replied: 8/27/2015
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    Yes which means no marital sexual relations.
    Answer Applies to: Georgia
    Replied: 6/22/2015
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