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    rysco13's Avatar
    rysco13 Posts: 23, Reputation: 1
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    #1

    Apr 21, 2008, 05:17 AM
    How to prove legal separation
    Does anyone know how 2 people can prove they are legally separated? There was no separation agreement; however, they have been living separate for over 2 years and both have new significant others. The state is Ohio. Thanks
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Apr 21, 2008, 07:21 AM
    Quote Originally Posted by rysco13
    Does anyone know how 2 people can prove they are legally separated? There was no separation agreement; however, they have been living separate for over 2 years and both have new significant others. The state is ohio. Thanks

    Then they are not legally separated. They are living apart. There is a difference. They should have entered into a separation agreement some time ago and should do that now.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #3

    Apr 21, 2008, 09:21 AM
    Quote Originally Posted by rysco13
    Does anyone know how 2 people can prove they are legally separated? There was no separation agreement; however, they have been living separate for over 2 years and both have new significant others. The state is ohio. Thanks
    Why do you ask? Are you looking for a definition or trying to establish proof?
    rysco13's Avatar
    rysco13 Posts: 23, Reputation: 1
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    #4

    Apr 21, 2008, 11:53 AM
    I am trying to find proof. The soon to be exwife is about to have a child by another man and before the child can receive a social security number she has to prove she is legally separated. Thanks
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #5

    Apr 21, 2008, 12:32 PM
    Quote Originally Posted by rysco13
    I am trying to find proof. The soon to be exwife is about to have a child by another man and before the child can receive a social security number she has to prove she is legally separated. thanks
    Thanks for the update. I would love to add my two cents worth, but I do not understand the question. For instance, I do not understand the connection between being legally separated and obtaining a social security number for a newborn; are you inquiring about paternity, or the last name of the infant?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Apr 21, 2008, 01:15 PM
    Quote Originally Posted by rysco13
    I am trying to find proof. The soon to be exwife is about to have a child by another man and before the child can receive a social security number she has to prove she is legally separated. thanks

    Again - you are living apart; you are not legally separated. A legal separation is a Court procedure.

    Here's the Ohio law: "What is a legal separation? This is a civil lawsuit that does not legally end a marriage, but allows the court to issue orders concerning property division, spousal support, allocation of parental rights and responsibilities, child support and parent time allocation for any minor children. The parties remain married, but live separately. When a court grants a legal separation, each party must follow the court's specific orders."

    If she's your soon to be ex-wife you presumably already have filed for divorce so the legal separation is not important. You will be using other grounds for the divorce, of course.

    I never head about the SS number for a child before - do you know what that is about?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Apr 21, 2008, 02:23 PM
    Why in the world do they have to prove legal status for a social security card? And to be honest, why do they just not fill it out to get one?

    Who is the babies father, will he be listed on the birth certificate, I just believe people work to hard at finding ways to cause them more work.

    But they need to file for divorce at this point, and should have months and months ago. But yes they are just living apart, they are not legally separated.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #8

    Apr 21, 2008, 04:00 PM
    Unless there has been legal papers filed regarding any separation the parties are still legally married but just living apart.

    I think what you are trying to ask is will you be responsible for the child since it was conceived while you were still legally married but living apart. Am I right about this?

    If you have filed for a divorce there should have been some reference in the suit that you have not been living together since such and such a date. This is standard boiler plate wording in any divorce proceeding paperwork. It does not mean that you were legally separated.

    Judy's citing of the separation in Ohio is true and correct wording.

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