Reply to In same house but "separated"

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[quote=Anonymous][quote=Anonymous]NP. For the PPs saying it's not a legal separation, that's not necessarily true. I lived this way for 2 years (meals and some family activities together, some shared finances, separate sleeping areas and no sex) and when we got to the divorce hearing the judge clearly stated that our shared activities were for the benefit of DS and not an indication of still being married.

Granted, this is in DC and it was by mutual consent, which I realize is much more easily obtained than in Virginia or Maryland.

Long story short, I could have probably continued living that way for a while, but I'm very glad I don't. [/quote]

Agree.

The indication of being married is absolutely arguable. Especially depending on divorce claim (Fault/At-Fault, etc). Maryland no longer requires the same terms of separation for divorce. And Virginia honors in house separations. The court does not always grant legal separations, in my state, a legal separation begins when both parties begin to live apart and never cohabitate again. There are times when this can happen while two spouses reside under the same roof, and is considered as living as arguably separated. For example, you are married, you both live in the same home with kids, but rotate schedules for care, barely see each other, buying your own food, preparing your own meals, living in separate rooms, not having sex, doing your own laundry, etc.. If you do some digging there is info about the parameters that apply to what OP is asking about. Check (and ensure you are obtaining legal counsel from someone) based on your court's locality. Speak with an attorney for a 30-minute consult in the location of the court, ensure they are licensed there and familiar with the procedure. It can vary and frequently change over time. [/quote]

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