Is it necessary to be legally separated if my husband and I are moving into separate apartments?
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Is it necessary to be legally separated if my husband and I are moving into separate apartments?
We are moving into 2 different places and plan on enrolling in counselling. And the paperwork for a legal separation is so much like a divorce that it seems like that is what we are doing. We are on good terms an agree about our issues, but the separation papers want us to come up with strict custody schedules for our son and it’s really not necessary. Can we just work out custody and visitation as we go?
Asked on August 7, 2011 Colorado
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No, it is not necessary for you and your husband have an order from the court declaring that you are legally separated if you and your husband are moving into two separate apartments.
The reason why spouses typically file for an order of separation is that they are trying to work things with their marriage, there are child custody and support issues needing resolution and possible spousal support issues needing resolution as well.
Most importantly, the laws in most states are that a spouse is not responsible for the other spouse's obligations once there has been a separation during the marriage with no intent to reconcile.
If you and your husband are able to work with each other in a civil manner for the benefit of your son and hopefully your marriage, that is really good. You can work out custody and visitation issues for your son as matters progress.
Good luck.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No, it is not necessary for you and your husband have an order from the court declaring that you are legally separated if you and your husband are moving into two separate apartments.
The reason why spouses typically file for an order of separation is that they are trying to work things with their marriage, there are child custody and support issues needing resolution and possible spousal support issues needing resolution as well.
Most importantly, the laws in most states are that a spouse is not responsible for the other spouse's obligations once there has been a separation during the marriage with no intent to reconcile.
If you and your husband are able to work with each other in a civil manner for the benefit of your son and hopefully your marriage, that is really good. You can work out custody and visitation issues for your son as matters progress.
Good luck.
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