Is it necessary to be legally separated if my husband and I are moving into separate apartments?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption