Legal steps to take after separating while cohabiting?
What legal steps should I take after separating from my partner while we are still living in the same home?
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Since you haven’t taken any legal steps yet, your next course of action depends on what you want from the separation — for example, whether you’re planning to file for divorce, legal separation, or simply establish financial and property boundaries while continuing to live together.
Here’s a quick overview:
- If you intend to stay married but live separately, You can file for a legal separation in most states. This allows the court to address property division, support, and other matters without dissolving the marriage.
- If your goal is to end the marriage, You can file for divorce once you meet your state’s residency requirements. Living together does not prevent you from filing, though it may affect temporary orders regarding property or living arrangements.
- If you’re just informally separating for now, You can still document financial responsibilities, bill payments, and property use in writing to avoid disputes while you share the home.
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Separation
I understand that going through a separation can be very challenging. Can you tell me how long you have been separated?
Since August but we still live together
Are there any children involved in this separation?
No.
Is there anything else the family lawyer should know before I connect you? Rest assured they’ll be able to help with your separation.
Yes.
Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. I understand you're going through a separation since August but still living together. Could you tell me more about any legal steps you've considered or taken so far?
Disclaimer: This conversation does not create an attorney-client relationship. I can answer your questions for educational purposes only.
Hello, I have not taken any legal steps until now.
Since you haven’t taken any legal steps yet, your next course of action depends on what you want from the separation — for example, whether you’re planning to file for divorce, legal separation, or simply establish financial and property boundaries while continuing to live together.
Here’s a quick overview:
- If you intend to stay married but live separately, You can file for a legal separation in most states. This allows the court to address property division, support, and other matters without dissolving the marriage.
- If your goal is to end the marriage, You can file for divorce once you meet your state’s residency requirements. Living together does not prevent you from filing, though it may affect temporary orders regarding property or living arrangements.
- If you’re just informally separating for now, You can still document financial responsibilities, bill payments, and property use in writing to avoid disputes while you share the home.
I hope I was able to help you with your separation questions! If you have any other questions or need further assistance, feel free to ask.
Richard
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