LoveToKnow Divorce:AllComments

From LoveToKnow Divorce

Comments

Mike,

South Carolina doesn't have formal legal separations. Instead, you can ask the Court for an order for separate maintenance and support. You can get more information here.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Can I get a legal separation in the State of South Carolina

-- Contributed by: Mike

Betty,

First of all, I am sorry to hear about your husband's health issues. The person who can advise you about a legal separation is an attorney. Not all states recognize legal separation. Please contact one to get advice about how to deal with this difficult situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I have a question. My husband was diagnosed with Stage 3 rectal cancer. He is no longer abale to work but we also have not been approved for disability or temporary disability because I work. IF we were to do a legal separation would he be able to get temporary disaility until the permanent was approved? I carry the health insurance and need to keep it for him. Also would his benefits be reduced because of the legal separation?

-- Contributed by: Betty

Joyel,

The rules for dividing property for a legal separation would be the same as if the couple were getting a divorce. Please contact an attorney; he or she can help you work out the terms of the agreement.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

In a legal separation how does the property divide amongst the couple, if one is moving out of state and the house has to be sold but there is only one name on the deed? If the house sells while the couple are under a legal separation does the proceeds go to just the person who's name is on the house?

-- Contributed by: Joyel Norbeck

BT,

This LTK Divorce article on Military Divorce will provide you with the answers to your questions.

http://divorce.lovetoknow.com/Military_Divorce

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

If someone is stationed out of the country can he/she file for divorce with an attorney in their state of residency? Does being married 10yrs and only in the service for 8 yrs automatically give the civilian spouse the right to 50% of the retirment pay? Hope u can answer these questions...thanks!

-- Contributed by: BT

Grace,

Your boyfriend can file for divorce in Florida and arrange to have his wife served where she lives. If she doesn't contest it, the divorce will be granted in due course. If she decides to do so, then it will be put on the list for a hearing and a judge will decide the terms of the divorce.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Sharing,

The spouse with the lower income may be able to get support from the higher-earning one. This article will give you more information about legal separation in CA: http://www.hg.org/article.asp?id=5032

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

my boyfriend has been separated from his wife 15 somnething years..according to him he filed a divorce 1997 but his wife managed to pull out the case without letting him know..he never followed up on it till now..he just learned everthing that she did..does he have to start filing it all over again? we're in Fl. she's in virginia..will it processed easy even if she don't cooperate? I really need somne answer..we're planning on getting married...i hope u can answer my questions and give me some hope with our situation..thanks! grace

-- Contributed by: grace

California law says 50/50 share about community property, how about the monthly paycheck. If wife makes double and keeps her money secret and spend in her own way. How the law is enforced to solve the problem without going for a divorce were children involved. Thanks

-- Contributed by: Sharing Monthly Income

Angela,

You would have to withdraw the divorce petition and then work out a separation agreement.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

what are the procedures for converting a divorce(in process)into a legal seperation?

-- Contributed by: angela

Legal Separation and Finances,

The terms of a legal separation must be spelled out in detail. I would suggest that you have your agreement prepared by a lawyer, who can explain your rights fully.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My wife and I have agreed to a legal seperation vice Divorce for numerous reasons. With this said, I have a question that must be answered correctly. Q: Once we are "legally, court ordered Seperated", does this mean the one is not financially liable for the other while the seperation order is in effect? Meaning, can one of them buy a house and never have to worry about it being "joint" property?

-- Contributed by: Legal Seperation and Finances

Rose,

If your husband won't agree to a separation, then you will need to decide whether you want to file for divorce.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

what happens if he does not agree to a separation of any sort

-- Contributed by: rose bulele

Hi Monica,

If you and your husband can agree on the terms of your legal separation, the process shouldn't take long. Any licensed attorney who specializes in divorce can help you with this. Check the Yellow Pages or contact the State Bar Association for help. Here is the link to page on the California Bar Association's web site that discusses how to find an attorney:

http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10180&id=1396

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

my spouse is int he military. He and i wnat a legal separation. Want to perserve or benefits and take more time to think about things beffore we file for a complete divorce. Who can file this legal separation for us and how soon? Do you have attorney available right now? We live in California.

-- Contributed by: monica
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