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Divorce/Separation :
Legal Separation vs Divorce

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 Gemini71 (original poster member #40115) posted at 8:00 PM on Saturday, August 10th, 2013

I have decided to get a Legal Separation from my SAWH. I'm only 15 days out from D-Day #1, but due to his legal situation (see profile), I feel I need to protect myself and the kids legally. Today Is the first day I can even say the work "divorce." I'm wondering if I'm wasting time with a Legal Separation?

My reasoning for the LS instead of a D at this time is mainly that this is all going so fast. Three weeks ago I was happily married, I couldn't even imagine SL or D. Plus making major decisions after a major emotional trauma is usually not a good idea. I feel that a LS allows for the possibility (tiny though it is) that he will go through treatment and counseling and I'll want him back.

Any advice about how you handled this decision?

DSs 21, 16, 12
About my Ex:
IDK
IDC
IDGAF

Double Betrayal D-Day 7/26/2013
Divorced 11/18/2014

posts: 3406   ·   registered: Jul. 30th, 2013   ·   location: Illinois, USA
id 6442900
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allfalldown ( member #39324) posted at 8:05 PM on Saturday, August 10th, 2013

Hi Gemini~

I am going down this same road. Here is a link to my post from a while back:

http://www.survivinginfidelity.com/forums.asp?tid=499613&HL=39324

I will PM you as well...

Dday 5-10-13
1 year + EA/PA (still TT)
Me- BW
Him- WH
M- 15 years
2 kiddos
Today's forecast is foggy with a chance of D.

"Better to be slapped with the truth than kissed with a lie"

posts: 58   ·   registered: May. 21st, 2013   ·   location: hell on earth
id 6442905
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Dreamboat ( member #10506) posted at 9:48 PM on Saturday, August 10th, 2013

The first thing you need to do is check the laws in your state or province. Some states allow legal separation and some states do not recognize it.

The second thing to do is to find a L. Even if your state does not recognize legal separation, you can file for D and get temp orders to protect yourself and your kids, and then do nothing to move the D forward until you are ready.

Regardless of which way you go, you can start separating your finances now. For example, open your own checking account and move your direct deposit to the new account. Remove WH from any credit cards where you are the primary card holder and also remove yourself from credit cards where he is the primary card holder. Move 1/2 of your savings and investments into accounts in your name only. If you are staying in the family home, change the utilities to your name, if possible.

Good luck and (((hugs)))

And it's hard to dance with a devil on your back
So shake him off
-- Shake It Out, Florence And The Machine

posts: 17695   ·   registered: Apr. 25th, 2006   ·   location: A better place :)
id 6442989
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Nature_Girl ( member #32554) posted at 10:28 PM on Saturday, August 10th, 2013

I read your profile. I am SO sorry!

I think you need to divorce him. Be done. Cut all ties. This will afford you the greatest protection from him. Get a lawyer immediately. You need to protect yourself from any potential prosecution.

Me = BS
Him = EX-d out (abusive troglodyte NPD SA)
3 tween-aged kids
Together 20 years
D-Day: Memorial Weekend 2011
2013 - DIVORCED!
https://www.youtube.com/watch?v=wJgjyDFfJuU

posts: 10722   ·   registered: Jun. 21st, 2011   ·   location: USA
id 6443023
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cmego ( member #30346) posted at 12:02 AM on Sunday, August 11th, 2013

Lawyer up. Find out the laws in your state and how best to protect yourself. Even if you divorce, if you want to remarry him later, you can.

me...BS, 46 years old.
Divorced

posts: 4745   ·   registered: Dec. 9th, 2010   ·   location: South
id 6443095
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