Conference quark::mennotes-v1

The answer depends on the state in which you live.  Some states don't have
such a thing.  In general, it is a declaration that the couple is living
apart, and is sometimes needed to obtain injunctions against your spouse.

I believe that "legal separation" does not exist in Mass. or NH - the thing
you have to do is file for divorce.

Legal separation doesn't itself imply rights to "see someone else".  But
such a condition can affect your tax filing status.

As is best with all matters of this sort, you should contact a competent
attorney who is knowledgeable about "family law".  Often your initial
consultation is free.

			Steve

    Steve is absolutely correct.  There is no such thing as "legal"
    separation in NH or MA.  The lawyer I spoke with said that the
    concept of legal separation was a holdover from days when divorce
    had to be someone's fault.  If there was no adultery or any other
    so called valid reasons for the divorce, they would file for a 
    separation, then after some set amount of time, they could divorce
    under the auspices of abandonment.  In no fault states like NH or
    MA, this is not relevant.
    
    A lawyer can help a lot, even just to help you see your options in
    the beginning.  There are also books out there, such as _The Divorce
    Handbook_ which can give a good idea of what questions to ask yourself,
    your spouse and your lawyer.
    
    Good luck,
    Karen.

    My own personal experience contradicts what was said in the previous
    replies.  I went through the divorce process within the last couple of
    years in Mass.  My ex and I were legally separated when the separation
    agreement was executed, from what my lawyer told me, even though our
    divorce was no-fault.  You should get your questions answered by a
    lawyer.

    My Massachusetts and New Hampshire lawyers both advised against paying 
    for a legal separation, which accomplishes nothing in particular
    (although it does allow a person to make the decision a step at a time,
    which can be comforting).  Both lawyers told me that going through
    legal separation and then divorce can be very much like going through
    divorce twice, and that each proceeding is expensive.
    
    Pro:  a friend of mine did get a legal separation in New Hampshire
    a few years ago, and later divorced.  This person said that even
    though it was very expensive and s/he would never recommend it to
    anyone else, it would have been difficult and maybe impossible
    (emotionally) for her/him to go from marriage to divorce without the 
    interim step.
    
    aq
    

    I received the following mail from a member of our community who wishes
    to remain anonymous, but who gave permission for the text to be posted
    here.
    					Steve
    
    
    Not to take this down the proverbial rathole, but let me relate to you
    the conversation I had with my lawyer about 30 mins ago.  I don't know
    if  any of this would be of value to the base noter or not.  If you
    think it  would, as you probably know at least which state he/she is
    in, feel free to forward it.
    
    
    Me  -  Am I "legally separated"?
    
    Him  -  No.  Your separation is legal due to the agreement between the
    	    two of you which is on file at the courthouse, but you are not
            "legally  separated".
    
    Me  -  Could I be if I wanted to? 
    
    Him  -  In New Hampshire (long pause - he *possibly* stopped one
            thought here  and began another one) the only difference between 
    	    a legal separation and a divorce is at the end of the proceedings 
    	    you end up with a decree of legal separation versus a decree of 
            divorce.  The process is the same.  I don't recommend it.  
            
            (This is very ambiguous, I know.  I could have pushed for a
            more definitive answer, but didn't.  Reading these words (which are
            as direct quotes as I can make them from memory), I don't know
            what conclusion can be drawn about this specific question.)   
    
    
    Me  -  Can I "see" someone else?
    
    Him  -  There is no legal prohibition against either of you seeing
            someone else, but I would urge you not to.  The reason is because 
            you have cited irreconcilable differences as the reason for filing 
            for divorce, and if you were to see someone else, and your wife 
            found out about it and got all upset over it, she could dispute 
            the irreconcilable differences reason and start talking about 
            other grounds.  Then the court would have to make a finding as 
            to the real grounds for the filing.  It gets messy and 
            complicated, and unnecessarily places you at additional risk.  
            My advice is avoid any relationships until your divorce is final.
    
    Me  -  Are there any tax consequences?
    
    Him  -  No.  Talk to your accountant.  You are still legally married as
            far as anyone, IRS included, is concerned.  Your tax consequences
            and options are the same as they were before your separation, and
            will remain so until your divorce.  Your tax strategy and planning
            might  change but it is very much an individual thing based upon 
            your  unique financial circumstances. The separation does not
            directly alter your tax filing options.  

I don't think the author of the mail I posted in .5 was looking for advice.

			Steve

    Steve,
    
    	Sorry, I thought that he was? At least from the base notes? What
    does he want if you don't think he wants advice? Does he want to
    reconcile? 
    
    George

    the writer of .5 is not the same as the writer of .0,
    since the writer of .5 refers to the basenoter as 
    someone else.
    
    Wil
    

    Sorry! Got confused I will delete my questions then. Thanks!

    In Colorado, there is a mandatory "waiting period" before a divorce
    decree can become final. The only "advantage" I have been able to
    discover to a "legal separation" is that any time you are legally
    separated counts against the waiting period, so a divorce can become
    final a little sooner.
    

    Is that separate from what I can only refer to as a "remarrying"
    period??  In Mass., I know you can't remarry for a year, and the
    'speed' of the judicial process could drag out a divorce signing
    seemingly forever, but I am under the assumption that your divorce is
    final once you sign that little paper and make your court appearance..
    
    Or are you saying that before you do that in Colorado, you have to
    wait?  Oh, that makes sense...
    
    Dave

    Here in New Hampshire, to remarry, you have to be divorced... Unless
    thats why your being divorced! :) as in more than one marriage!:0 And
    that can be a real legal bag of worms.