kspencer
recently joined
Reged: 05/14/06
Posts: 1
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I told my STBX that I wanted a divorce in January of this year and she was served the papers the first week in March. She counter-filed shortly after that. She has continued to live in my house(it is my property that I brought into the marriage)without paying a dime. I have dated after asking for the divorce and I know that she started actively dating a month later(end of February). She has told her many suitors that she is legally separated and single, therefore it's okay. Of course, she claims that I am committing adultery, and legally I am, but she is also. I'm pretty sure that we aren't legally separated since nothing has been drawn up or signed...and we continue to live together.
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Renee
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4022
Loc: The Palmetto State
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Depending on your state you could both claim adultery as grounds at this point. In SC, even with legal separation, you could do it given your description of the situation.
I would ck with your atty about whether or not you can be considered legally separated when you're still living in the same house, even with divorce papers filed.
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19893
Loc: Third rock from the sun
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In order to be "legally separated" you would have a have a formal agreement that is sanctioned by the court that details the conditions and responsiblilities of each while LIVING APART.
In other words...you're not "legally separated".
Personally, I would file for temporary orders and ask for exclusive possession and use of YOUR HOUSE and kick her ass out of there!
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If you air your dirty linen in public, expect people to comment on the skid marks!
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Rere
recently joined
Reged: 05/24/06
Posts: 2
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Hi Kspencer,
I don't know what state you live in, but if one person tells the other that they want a disolution of the marriage even if they are living together, this constitues a seperation. And in NC you don't have to make it a legal separation.
My lawyer also told me that having marital relations with one another during the separation does not void the separation. This used to be the case, but this occured so much that they changed the law. Of course some states might have different laws.
You can find a lot of info about the laws of your state online.
Rere
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krislea
newbie
Reged: 05/30/06
Posts: 44
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Guess it all depends on the State you live in. If I were you I would look up the State Laws. I did and found out that in Mississippi, they do not recognize "legal separation". You are married, or you are not.
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LinusluvsSally
addict
Reged: 08/23/06
Posts: 441
Loc: South Florida
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If she's bringing men (I should say people) back to your house you should bring them a beer and introduce yourself and get to know them. And snap a picture or two even.
She won't bring them back anymore.
You can make her miserable and encourage her to move out.
What she does outside the house shouldn't matter to you unless you still want her. But you make her sound like a real slut.
Legally, I believe your actions cancel each other out. But a little discretion goes a long way.
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