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Discussion starter · #21 ·
I haven't either. But the legal aspect of it is you can't get the divorce until you do the legal separation but the separation is not in any way monitored.
 
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In my state, we had to live separately and be known to be separated for 1 year before divorce since we shared a child. All it accomplished was stringing the anxiety along. It didn't make a difference in my determination to divorce. It just delayed it which really did not increase our chances of getting back together (which I think it why they started the separation requirement). The most insulting I think was having to list someone who could testify that we had been separated for a year.

I found the whole thing condescending.
 
I am not a fan of it. As many have said, you are forcing odd financial situations, not allowing for clean breaks and delaying the reboot of people's lives.

I would guess it has it's roots in religion and patriarchy. It would, historically, be very difficult for a wife to be able to do this if the husband wanted to make it difficult. I am not aware of rules that require financial support or child support during the 'separation' period, but I could be wrong there as I have not looked into it.

I think that would also be in line with the historical data that as we remove barriers for women in divorce, more of them got them. It was not that all marriages were great before, just that women had few options.
 
The times are quite long in my country. 2 years if you both agree and 5 years if the divorce is contested, which is far too long.

I can understand the rationale for legal separation in theory, but in practice much of what it is intended to allow has happened already before a formal separation and so it just prolongs the agony. Very few couples reconcile after a legal separation or so I'm told.
 
I haven't either. But the legal aspect of it is you can't get the divorce until you do the legal separation but the separation is not in any way monitored.
If you lied about this you might well get away with it, but OTOH if your ex subsequently gets mad at you he/she knows you falsely swore a legal oath in court that has large financial implications.
 
I haven't either. But the legal aspect of it is you can't get the divorce until you do the legal separation but the separation is not in any way monitored.
Depends on the state, but my state requires you to file for the clock to start. It's easy to see when a couple technically legally separated because the date filed is on the forms.
 
If you lied about this you might well get away with it, but OTOH if your ex subsequently gets mad at you he/she knows you falsely swore a legal oath in court that has large financial implications.
In my state, both parties in the divorce have to say they have been separated for a year, and both parties have to bring a witness to back up their statements. Easy enough to do.
 
Discussion starter · #30 ·
I've heard that spending the night together can be considered "cohabitation" in some places and start the separation clock over. IDK how they'd know, unless someone told them.

Hmmm. It could be a trick used by spouse that doesn't really want the divorce.
Well a lot of times in divorces there is one spouse who doesn't want to divorce and might go out of their way to bed them just so they could tell the judge that. It is not at all uncommon for separated couples to still sleep together some. even while they're sleeping with other people.
 
In my state, both parties in the divorce have to say they have been separated for a year, and both parties have to bring a witness to back up their statements. Easy enough to do.
Easy to go through the motions, but I was replying to someone who suggested lying about it and I was pointing out the implications.

The idea that there is a third party who knows I didn't sleep w/ my ex is pretty funny, but I understand it is your state's idea and not yours.
 
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