Comments on: When legal separation is better than divorce

By: Hamid

Hamid — Sat, 03 Jul 2010 23:50:15 +0000

Hello Donna,

Nothings happens automatically with regard to a divorce after a legal separation. One of the parties will need to proceed with the filing of a divorce. Any issues that were not resolved and “reserved” at the time of the Legal Separation Judgment should be addressed in the divorce.

Please contact our office at 800-359-7004 to schedule a time to speak to me about this in more detail.

Hamid Naraghi
Attorney/Mediator/President
Divorce Helpline

By: Donna

Donna — Mon, 21 Jun 2010 16:37:08 +0000

Hello,

I got a legal separation in California about a decade ago. Does a divorce become automatic at some point or do you need to file for divorce as if you had never gone through the legal separation?

Many thanks,

Donna

By: Hamid

Hamid — Fri, 19 Mar 2010 16:54:41 +0000

Hello Susan,

During a Legal Separation, you basically deal with all of the same issues as you would during a Divorce (Asset & Debt division, Child Custody, Alimony/Spousal Support, AND Child Support).

Furthermore, if you and your husband come to terms and reach an “amenable” agreement, then yes, you can prepare the necessary documents and file them with the court.

As far as your tax filing question, it is more complicated and will require a consultation with an attorney and a tax adviser. Please contact our office at 800-359-7004 and we will be happy to schedule a time to speak with you.

Thank you,

Hamid

By: Hamid

Hamid — Fri, 19 Mar 2010 16:46:48 +0000

Dear Linda,

Thank you for visiting our web site at DivorceHelp.com and taking the time to read some of our articles. I hope that they were informative and helpful.

In reply to your posted comments, please note that you raise some important questions that can be addressed best during a phone conversation with one of our attorneys. Your being in Florida and having a case in California is not that unusual and does not make a difference in your decision for a legal separation vs. a divorce. But some of the other issue you raise, such as the health insurance may be important in your decision.

Please contact us at 800-359-7004 and arrange a telephone appointment with one of our attorneys. I would be happy to consult with you personally if you wish.

By: Linda

Linda — Fri, 19 Mar 2010 03:10:41 +0000

My husband and I have filed for divorce -back in Oct 08. He has procrastinated in finishing the MSA. Since I live in FL and he lives in CA, I am wondering if a better option is a legal separation. How much time would we have before we need to finish the divorce -reconciliation is not a possibility. I believe I will still be covered by his health insurance -which seems like a bigger issue every day with the new health care bill dilemmas. And would he still be required to pay the taxes on my spousal support? Thank you for answering these questions, your office has been helpful in this long and tedious process. Linda

By: Susan

Susan — Thu, 11 Feb 2010 15:22:53 +0000

Hello. I am considering Legal Separation from my husband. I attempted this option about 6 months ago but he would not agree to the terms. If he is amenable this time, my questions are these:

1) Can I receive child support during a Legal Separation.?

Currently our three minor children live with me and my husband is living in our second home. He pays the mortgage on both but I am pursuing refinancing both homes to remove his name from my current residence and my name from his.

2) If we can come to terms together it is my understanding that I can fill out the necessary paperwork and file in county court. Is this true?

3) Regarding our tax filing. He takes the entire tax refund and pays the taxes. He claims he feels entitled to this. Problem is we both are gainfully employed, make about the same amount of money and file jointly upon his insistence. Can I file as head of household for the 2009 tax year?