Because you might change your mind? What's the rationale behind making that official?
It can be a way to have a no-fault divorce (instead of one person saying the other did X wrong which can be done without waiting is my impression).
Off-topic discussion. Wanna talk about corsets, duct tape, or physics? This is the place. Detailed discussion of any current-season TV must be whitefonted.
Because you might change your mind? What's the rationale behind making that official?
It can be a way to have a no-fault divorce (instead of one person saying the other did X wrong which can be done without waiting is my impression).
I should correct a misapprehension-- I don't mean to imply that in states requiring separation, the separation is required in all circumstances. In New York the only way to get a no-fault divorce is by living separate and apart for one year. Otherwise you need cruelty, abandonment, imprisonment or adultery.
Yeah, to get a no fault divorce in Massachusetts, we filed and then it went into effect a year later. I think it's to make sure neither party is being coerced, since you lose a lot of rights (like the right to SS benefits or to property) once a marriage is officially severed.
North Carolina has the 1 year rule. My brother and his ex wife had to be legally separated for 1 year, which meant jumping through all these hoops and filling out paperwork.
I think the idea was to try and save marriages, but all it did was keep them from getting on with their lives like they wanted to do.
What's the technical definition of separated here? Does it apply both before and after divorce has been filed for?
In my brother's case he and his wife had to live apart, file some paperwork (I think) and maybe a few other things BEFORE they could even file for divorce.
The actual process of filling out and filing the paperwork and getting the divorce was fairly quick (considering he was living in another country).
I have what may be an anarchist bent, and would love to think that adults know when they're done.
Some states like it one way, and states like California don't require separation. You can choose where you live and where you marry. Such is the supposed benefit of the federalist system. After awhile all legislative policy starts looking like moralizing. And for myself I think on the macropolitical level it is preferable to encourage marriage, even though I don't think divorce laws do that.
You can choose where you live and where you marry.
If I marry in one state but live somewhere else, and then divorce in a third state, is there a consistent way to determine what law applies where?
(now I'm off reading Wikipedia on legal fiction--if only any of this information would be useful or retained)
Grrr. Who sends jobs to the communal printer requiring 8.5 by 12 paper, thereby blocking the whole print queue until they remember to go and fucking load their mutant paper?