Stupid question re: legal separations

These days I think "legal" separation is a physical separation with husband and wife living separately. This physical separation may be a time of self-examination before reconciliation or a time of preparation for divorce.

I know Miss Manners is still writing the rulebook for Proper Conduct of Separated Spouses--particularly when children are involved.

It is a legal term and it signifies that during this separation
neither spouse is responsible for actions taken bei either,
like taking out loans, getting into default with creditors, etc.

If ever a rulebook were needed, I'm sure that one for divorcing parents is it!

I see what you're saying CJane. So no matter whether they divore or reconcile whatever happened during the separation remains a separate.

I imagine that you have to file something with the court saying that you are separating. Would you have to file something upon reconcilliation?

Could a spouse be made to testify against their partner is something happend during a separation?

Usually you file a seperation at the local courthouse at about the same time you file some sort of "intent to divorce" document. Some states require a public notice so you see notices in the back of newspapers and such.

This makes sense.

Essentially you would have a separation while the divorce was pending.

I get it now.

Thank you all for explaining. I had never really thought it had an actual legal meaning.

Just out of interest. In Australia our laws touching on divorce are federal and not state-based. There is a "no-fault" approach. All that needs to be proven for a decree absolute is a proven irretrievable breakdown of marriage. A period of 12 months of separation - defined as not cohabiting as man and wife even though they may be living under the same roof (but living separate lives) is sufficient proof of the irretrievable breakdown for the Family Court to make orders. So here the term "separation" has a definite legal meaning.

I believe in the US divorce laws are all at a state level and so there may be huge differences across each jurisdiction.

Thirty years ago I was told by my uncle, a lawyer, that there was no longer such a thing as a "Legal Separation" in the Commonwealth of Pennsylvania.

I was also advised not to sign anything without a lawyer taking a look at it first.

In California there is, Noddy.

CJ--

State by state, we're a complicated country.

I know Noddy.

But no matter where they got married, for some reason
they all want to get divorced in California.

Perhaps per capita wealth and celebrity living contribute to the problem?

I think your uncle gave you good advice, Noddy! I like to have lawyers look at important things too.

I have no idea what Oregon law is. Like I said, I'm not thinking of separating or divorcing but I just didn't really understand the defintion of "separation".

California is the easiest state to divorce in, I think. Maybe Nevada.

Do you think that if we continue on the track we're on that in say 15 years that people asking for a divorce will be stoned in the public square?

The sheep and the goats have always been separated.