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| Originally Posted by Delilah P What is the advantage of being legally separated while filing for divorce? Common sense tells me that a separation PRIOR to a divorce is to afford a couple some time to possibly reconcile before filing for divorce. But, if you went straight for a divorce, would you need to file for a separation? If you never filed for separation and went straight for filing for divorce, could you legally begin dating other people during the waiting time? To make a long question shorter .. in the eyes of the law (and someones religion), arent't you still LEGALLY married until the divorce is final?? SO, it would be as if you are cheating if you begin dating while the divorce is still going through the courts? |
Some jurisdictions require a seperation period before divorce. Some jurisdictions will allow you to claim that you were "living seperate lives" for a certain ammount of time, but you both have testify to the "seperate lives" petition. They will apply the time you spent as "seperate lives" to the time required for seperation. In some jursidictions, the fact that you are dating someone else is of no concern to the court. The concept that you are trying to capture with the term "cheating" is often irrelevant to a judge.
For most of us, marriage is two contracts. One is a sacred contract, and the law often does not dip into the area of what is often described as sacred. The other contract is a secular contract, a legal contract that creates the concept of community property.
Before you go the attorney, document your relevant assets. Try and find objective proof of what was yours before you were married, and what was not yours before you were married.
If you both agree to the asset questions, your divorce will be dirt cheap.
If you are battling over a larger pool of assets, it will be expensive.
Good luck.
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