Legal separation? alonewith2: The time is finally here to file for divorce. My stbx and I have agreed to just get a simple divorce. We've discussed all the terms, etc, and agree on everything. We've decided to use one lawyer to draw up the papers and then split the cost.
We've talked to one lawyer (who is a friend of mine....sort of). He doesn't usually do divorces because this is a small town and he would know both parties, etc...and doesn't like to get caught up in taking "sides." He has agreed to handle our divorce since he likes us and knows it will be pretty simple and no fighting, etc. He keeps saying that we should get a legal separation first, then proceed with the divorce.
So my question is....why get a legal separation? My stbx and I have been married for almost 5 years, but we were only actually "together" for 2 of those years....we've been separated for more years than we were together. There is only one or two things that is effected "jointly" the rest has already been separated or taken care of. These two things will be taken care of in the divorce settlement...so what is the real point of getting a legal separation? Do we have to do this or can we just jump to the divorce? I'm tired of being legally married....and I just want this over and done with...not drawn out any longer!
Re: Legal separation? turning leaf: Did you ask him why he suggests legal separation? Maybe he can give you the answer.
I really don't see why you should go through legal sep when you can just do the real thing (the big D); other than you would have to retain him longer than you should ??? The longer for him to think of 'issues' you can fight over with before the actual Divorce? ???
My clients who choose leg sep are those who have many properties and $$$. They file for leg sep because they want the properties and assets they buy after the date of separation to be separate from the community/conjugal piggy bank. And they usually are not eager beaver to get re-married to other people.
Re: Legal separation? PickingUpThePieces: From what I know there isn't such a thing as "legal separation" in PA... ???
just that if everything is agreed upon 90 days after filing, you can be divorced.
Re: Legal separation? sheeps: It is probably so the judge or commissioner will ask fewer questions when it finally comes time to sign the decree. Most states have the waiting period for the same reason, it is usually in everyone's best interest that you reconcile.
-R
Re: Legal separation? alonewith2: Thank you all for your help. I guess I will have to ask the lawyer more questions as to "why" he wants to go that way. My stbx and I both agree that it isn't necessary. So we'll see if we can get around it.
