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Not wanting to get married again....what better way to avoid it than by being married already? There are plenty of people (men and women) who have no issue dating someone who is seperated..."You know I love you baby and I'd marry you if I could but...". LOL.
That's a sweet excuse, I know.
I was separated once for 2 1/2 years, too. I didn't feel like bothering to file and had no plans for relationships or another marriage, he was hoping for reconciliation (and we tried for some time), and both of us did nothing.
Insurance and child support can figure into it big time. Also if neither one really cares about the divorce, it's easier to do nothing. The divorce only becomes important if one of them wants to remarry.
Just for example, my H is on my insurance and it costs me next to nothing for his coverage. If we divorce, he will have no insurance. However the down side is if he were to suffer a catastrophic illness they could come after me for money.
Some states require grounds for divorce, like NY. One of those grounds is to be separated for more than a year. Then you can divorce.
This is true in North Carolina and it's probably why Elizabeth Edwards has not yet filed for divorce from John. She has to be legally separated for at least 1 year. I assume it's the laws way of discouraging divorce. They probably figure people can reconcile if they're given a year to work things out.
This is true in North Carolina and it's probably why Elizabeth Edwards has not yet filed for divorce from John. She has to be legally separated for at least 1 year. I assume it's the laws way of discouraging divorce. They probably figure people can reconcile if they're given a year to work things out.
She would have grounds for divorce though. A cheating spouse is a ground if the state requires grounds for divorce. In NY, people use separation for a year to create a ground for divorce.
I would just like to have some understanding or illumination on this subject. What is the difference between long-term separation and divorce? I worked with a woman who said she was married, but separated. I figured she had been separated for a year or less, and she said it had been 10 years.
Why would anyone do this?
What are the advantages, if any, to separation?
Normally it's a cooling off period states require before divorcing. For those who just stay separated like that it could be for tax benefits and similar state & federal benefits married people get.
Some states require grounds for divorce, like NY. One of those grounds is to be separated for more than a year. Then you can divorce.
Virginia is six months with no kids, a year with kids. The most important thing in Virginia is the property settlement agreement, because it becomes the terms of the divorce. Also, once you have both signed that, if you change your mind, you actually have to file papers to reconcile!
If everything is simple and uncontested, six months (or a year) after you both sign the PSA, the complainant goes before the judge with a witness. The judge asks a bunch of questions of the complainant and witness, and when it's all over, the judge declares you divorced, signs the property settlement agreement, tells the clerks to file the divorce, and bangs the gavel.
Then you have to wait 30 minutes before you can get married again.
Yes, minutes. They tell you to wait 30 days because the ex-spouse can appeal the divorce within that timeframe. But you could bring your next spouse to the court complex, get divorced, have lunch, and go before a JP and make your next big mistake, er, remarry, all in one day. Yippee!
in new mexico there is a thirty day waiting period which is always waived by both parties as a matter of course.... i suppose it was originally put in place to allow for a cooling off period in an effort to dissuade divorce in our heavily catholic state....
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