separated for years, not divorced - question

Posted by: bogieman

separated for years, not divorced - question - 12/19/16 08:45 AM

okay, so I have been separated from my wife for at least 7 years.. she kicked me out after moving her friend in.. a girl.. and yea... thats besides the point.. but i mention that cause thats the main reason I have not paid to have a divorce in all these years.. I look at it like we are divorced.. we have 3 children together.. i do pay child support through the CS office.. i have it where it comes straight out of my check

my question is this... are we "legally separated"? cause i have looked into it and read that you have to have a legal separation agreement that must be approved, but then i found a Q&A about it.. and one of the answers was you CAN live apart and split up and be legally separated...

all these years I have been filing SINGLE on taxes, W2's from work, my insurance.. AM i supposed to file as SINGLE, i suppose im not supposed to file as divorced since we arent divorced.. there is 0 chance we will ever get back together.. I now have a child with someone else that I have been with since 6 months after we split up..

so
2 questions

in my case.. is my situation a LEGAL SEPARATION? if so.. great.. if not.. what do I have to do to make that happen

and
am I filing correctly by filing SINGLE on everything?

I do plan on looking into getting a divorce because I want to marry the girl that I am with now.. what I dont understand.. is over the years she has contacted me saying she can get a free divorce based on her income and the fact the kids are with her.. but i guess she has never went through with it... for the life of me I cant figure out why she hasnt... she must be getting some benefit from not being divorced

Thank you in advance...
Posted by: TJMH

Re: separated for years, not divorced - question - 12/19/16 07:19 PM

If you haven't filed any paperwork with the court you almost certainly are not legally separated.

As far as taxes you probably should have been filing Married Filing Separately rather than Single, but I don't think this makes a difference in the amount of tax you owe so you're probably not in a lot of trouble there.

But if you're still married and not legally separated, I think any money or property you accumulate can be considered marital property, subject to division between you and your wife in a divorce. And obviously until your divorce is final you can't marry the other one.
Posted by: bogieman

Re: separated for years, not divorced - question - 12/19/16 10:15 PM

Thank you for the reply.. can anyone verify this is true? I rent, so I dont own property.. and pretty much living pay check to paycheck.. also, im pretty sure when we finally do divorce it will be one of those things where we dont fight over anything.. she can have what she has, vice versa.. pretty sure u can agree on things like that in a divorce right? just a split and thats it.. im going to have to get ahold of someone about starting a divorce