Legal Separation vs. Statute 25-313 requires that you have lived in AZ for 90 days before you can file for a legal separation in AZ. You can turn an informal separation into a legal separation by filing a petition for separation with the court. C. The first is the requirement of how long one must live in Arizona to commence legal action. In some states, legal separation is indefinite, but in Hawaii, couples can only stay legally separated for two years. You can seek a formal legal separation by filing a petition with the court. These factors will apply during a divorce case. 2. Ready to talk? We are ready to help. The court can rule. If court proceedings are not. C. Step 3. 2. Some separations last a few days or weeks, while other couples live separately for years. Notice DETR-ESD must be given to all separating employees at the time of separation. Packaging and labeling. Get help navigating a divorce from beginning to end with advice on how to file, a guide to. The petition should include pertinent information like each spouses' name, address, and dates for the marriage and separation. But there are requirements that must be met in order to have a sole legal claim to the marital home. We are not a law firm and do not provide legal advice. But with a trusted legal representative on your side, you can rest assured that your case will be handled with care and will achieve the results you deserve. Arizona law allows parents to. not . HOW LONG DOES A LEGAL SEPARATION TAKE; HOW LONG CAN YOU BE LEGALLY SEPARATED IN ARIZONA; DIFFERENCES BETWEEN DIVORCE AND LEGAL. First, your lender is going to require your legal separation agreement. By Arizona law, you or your spouse must have lived in Arizona for the 90 days preceding the filing of the petition. 2. ARIZONA ANNULMENT OF MARRIAGE LAWS. S. Ogborne Law, PLC. A spousal agreement must consist of some key details, including the 5 major points elaborated below. m. How to File Papers for Legal Separation Without Minor Children With the Court (in works) DRLSA10P. First, the couple must file a petition (request) for legal separation with the court. Step 2. (Va. Separation & Divorce. You simply need to be a resident of Arizona at the time you file for legal separation; even if you have lived in Arizona for only one day. Recommended in Divorce. S. The answer gets a bit more complicated if the spouse filing for. R. As long as you and your ex can agree. A formal separation, also called a legal separation, is approved by the courts and can have an effect on marital property and taxes. Nov 21, 2023 · 5 min read . If you would like to purchase a home before your divorce is final, contact Bremer Whyte Brown & O’Meara at (949) 221-1000. Paying off all debt before filing for divorce is ideal. In addition, the same person must have lived in the filing county for the last 3 months. Some states allow couples to ask the court for a legal separation, which entitles the spouses to the same rights as a divorce without legally divorcing. The separation period can begin before the divorce is filed and attempts to reconcile by cohabitating will not stop the six-month separation period from running. REV. The researchers reported that an overwhelming majority, nearly 75% of separated couples who either remained separated without divorcing or later reunited were Black or Hispanic. If neither of you has been domiciled in Arizona for 90 days, you can opt to file for legal separation. After earning a law degree from the University of Arizona, he clerked for two years for a U. Divorce is a legal termination of marriage. You can seek spousal support or refinancing to help you afford the home. Joint Tenants. This makes it important to civilly discuss splitting finances in marriage separation. S. Common-law marriages established in Colorado, South Carolina, Rhode Island, Texas, Utah, D. A. Informal separations require no formalities and may last a matter of weeks to a few years. She also has years of experience in public relations, marketing, and fundraising communications, specializing in health care communications. Answer the following questions for yourself if you think you may be entitled to alimony, or as you think your spouse would answer them if you wonder whether you may be required to pay alimony. Legal separation is an alternative until getting for some our. Tenant obligations In addition to paying their rent in full and on time, tenants are required under Arizona law (A. There are two ways to become legally separated in New York. After earning a law degree from the University of Arizona, he clerked for two years for a U. However, a married couple living apart is not legally separated regardless of how long they live apart. Whether you are just considering a divorce or are stuck in the middle of a difficult battle, mediation may be a great way. If you don't have minor children, and you and your spouse sign a separation agreement, the waiting period for a divorce is six months. §70:111 (2nd ed. An Arizona Superior Court must have jurisdiction to process a divorce case. Paycor creates HR software for leaders who. Massachusetts doesn't allow a "legal separation" per se, but divorce isn't the only option for couples in the state. You can also use the DIY (Do-It-Yourself) Uncontested Divorce Program if you are filing for an uncontested divorce, your marriage has been over for at least six months, there are no children under 21, and all marital property issues, including debt, have been settled. )By moving out of the house, the individual may still have all rights to the interest in the home or to split it with the other spouse during the divorce process. §36-4-101. To get the required document, all you’ll need is an. However, the Court can change the Petition for Legal Separation into a Petition for Dissolution of Marriage (divorce), if you and/or your spouse have lived in Arizona for the last 90 days prior to filing the Petition for Legal Separation and. If you’re planning to legally separate from your spouse, our lawyers can help you proceed correctly and establish any necessary legally-binding agreements. Filing a divorce in Michigan has specific residency requirements and procedures. You are still legally married after a legal separation. Furthermore, separation in marriages can be a way to test the waters. ) begins when one spouse files a motion (request) with the court. When you are legally separated, you are still married under. How to file a divorce in Michigan. Arizona Revised Statute Section 25-312(1) requires that either you or your spouse must be a resident of Arizona for at least 90 days to file for divorce in Arizona. In most states, these are faster and… Nov 21, 2023 · 4 min readArizona. This legal research guide provides information about common law marriage in Texas, including links to the relevant statutes and to information written in “plain English. Sally has been a writer and copy editor for Canine Journal for many years. There are specific reasons why the judge may determine that the remaining spouse in the fault states should retain the home. If you buy a car with your own down payment and make all the monthly payments, the car should be in your name only. Fair Housing Act protects individuals' housing rights. The American Psychological Association states that between 40 and 50 percent of married couples in the United States get a divorce. m. Community property is all property acquired by either party during marriage. 2. 5020 E Shea Blvd, Suite 240. Sep 01, 2023 · 5 min read. 1. If the spouse has an employer health plan available at work, the spouse and any dependents may be eligible to special enroll in that. Nolo. § 25-329, the waiting period for a legal separation or divorce is 60 days after the petition has been served by the petitioner on the respondent. Be prepared to provide evidence that you or your spouse meets the residency requirement by being able to present the court with a driver’s license, voter registration card or lease. How is this…. m. Legal separation offers several benefits. m. Divorce / Separation Lawyer in Tinton Falls, NJ. Legal separation leaves spouses married but separates their income and debts going forward and establishes. Some couples at Arizona be not sure that they want to go through with a divorce while others like to remain married but be separated for adenine type von reasons. ”. The court can change the Petition for Legal Separation into a Petition for Dissolution of Marriage (divorce), if for the last 90 days prior to filing the Petition for Legal Separation, you and your spouse lived in Arizona. See moreIn a legal separation, how can I serve someone when I cannot find them? If I cannot afford to pay the fees, can I have my fees deferred? How do I amend a motion? How long do. Arizona legal separation laws require you to be a resident of Arizona, but the 90-day requirement does not exist. Marital and Domestic Relations § 25-312. Like divorce, the filing spouse must provide a reason (or. the portion of certain personal injury awards meant to compensate for. Marital property is usually divided 50/50 of the house's selling price (or 50/50 of the debt) if you live in a community property state. Most insurance plans allow the dependent spouse to seek coverage under COBRA for up to 36 months. If you live in Illinois and really want to punish your partner, you can get your cheating-ex and his lover thrown in jail for up to one year (up to three years in jail with a $500 fine if you live in Massachusetts!). Different Ways To Own Property as an Unmarried Couple. In your application, you must include the date of your marriage and separation, and a statement indicating that at least one spouse has lived in the state for a minimum of six months. STAT. The case proceeds through court, and at the end you'll receive a Judgment of Separation. People whenever decide to seek ampere authorized separation rather. How Long does it Take to Become Legally Separated in Arizona? Under A. Spousal support. Your rights and options for dividing the home you rent after you separate from your partner. You don't need to prove fault to bring a legal separation action. Even if you do live in a community property state you can. ) Legal Separation Versus DivorceIf you have separate property (many spouses mix everything together and don't have any separate property) your spouse will inherit all or a portion of it. Attorneys with you, every step of the way. Complete DRSDS10F-C. Similar to divorce, separating legally involves addressing marital assets, debts, child custody and visitation, child support, and spousal. ©Superior Court of Arizona in Maricopa County Revised 1/1/2023. It can be called “limited divorce,” “judicial separation,” or a “separation from bed and board. Please contact The Martin Law Firm, P. Step 2. "Separate property" belongs to only one spouse and typically includes property that spouse owned before marriage, received as a gift during marriage, or inherited. m. In the agreement, you can specify a percentage split of the parties as to ownership. If you plan to file for divorce in Texas, it's… Sep 01, 2023 · 3 min readAdditionally, many states have a separate requirement of how long a person must have resided in the county. In the event of separation or death, the surviving partner may not be. , for instance, requires employers to adopt a sexual harassment policy. After earning a law degree from the University of Arizona, he clerked for two years for a U. To start the legal separation process, one spouse can file a petition for legal separation with the Superior Court in the county in which he or she lives. You may file a legal separation at the family law court with the help of a family law attorney. Ohio law provides three ways for a husband and wife to end or alter their marital relationship: legal separation, divorce and dissolution of marriage. Many parents head into their divorce proceedings without a solid understanding of the differences between full custody and sole custody. Art. Separations take numerous forms. Florida also allows couples to petition the court for child custody matters without divorcing. and 5 p. com See also ARS §25-311 There is no residency requirement to file a legal separation in Arizona, while you must have been an Arizona resident for at least 90 days to file a divorce here. Legal separation is an alternative to divorce for some people. The short answer is yes, you can force a Spouse to leave the marital residence. For example, exes may. The first is the requirement of how long one must live in Arizona to commence legal action. How to Get Legally Separated in Arizona. The cost of hiring a divorce lawyer in Arizona can cost as much as $550 per hour. If you decide to use a mediator or an arbitrator, expect your costs to be somewhere between $3,000 and $7,000, and possibly more. You may also access FindLaw's Divorce and Property section for additional articles and helpful resources regarding this topic. First, your lender is going to require your legal separation agreement. PT and weekends 7 a. This does not have a domicile requirement. PT and weekends 7 a. If minor children are involved, they must have lived in the state for at least six months prior to your filing. Here are examples of movables: furniture (sofa, beds, tables, buffet, etc. In a legal separation, how can I serve someone when I cannot find them? If I cannot afford to pay the fees, can I have my fees deferred? How do I amend a motion? How long do you keep exhibits? Frequently Asked Questions about Legal Separations in Arizona. Attorneys with you, every step of the way. However, there may be other costs involved in the process, depending on if you have to go to mediation for anything or if there is a long, drawn-out trial involved where more legal fees are incurred. Va. How Long does it Take to Become Legally Separated in Arizona? Under A. (S. The separation period can begin before the divorce is filed and attempts to reconcile by cohabitating will not stop the six-month separation period from running. Call (480) 833-8000 and speak with one of our lawyers. Legal separation forms in Arizona are used to legally separate a married couple. In Arizona, getting a legal separation takes the same amount of time as getting a divorce. m. A. If you have not been a resident for at least 90 days, you can still file for a legal separation. Sep 01, 2023 · 5 min read. The answer to the residency requirements to file a divorce in Arizona is that you have to be a resident of Arizona for at least 90 days prior to filing for divorce. If both of you are okay with selling the house, states will divide it according to laws on property division . The court can change the Petition for Legal Separation into a Petition for Dissolution of Marriage (divorce), if for the last 90 days prior to filing the Petition for Legal Separation, you and your spouse lived in Arizona. Section(s): ARIZ. CONTACT AN EXPERIENCED ARIZONA LEGAL SEPARATION AND DIVORCE ATTORNEY. In states that allow it, legal separation is like divorce in some ways and different in others. The short answer is that if your debts are separate, their credit will not be impacted. C. Our family law firm has offices in Los Angeles, Orange County and San Diego. Give us a call at (415) 946-3744. When that's not an option, courts must distribute a couple's debts and assets. In 2023, these limits vary by state, but as a general rule of thumb, the income limit for a single applicant requiring long-term care is 300% of the Federal Benefit Rate, $2,742 / month, and the asset limit is $2,000. State-Specific Spousal Support Forms and Resources. This is how long it can take if both parties agree to everything, take their required parenting classes, and file all of. Arizona law allows you can be legally separated for as long as you like. In fact, you may convert the legal separation to a divorce before or after the final Decree of Legal Separation is issued by the court. Complete Worksheet for child support. The first step is to gather the necessary documentation. You need to include a certified copy of your. "Neither method is free, nor is it quick, so make sure you a confident in your decision before you file for separate maintenance. Aside from assets and debts, business interests and pensions, like 401k plans, also fall under community property. We're available Mon-Fri 5 a. How to File for Divorce in Michigan. Decree the Arizona. The legal separation process is often very similar to the divorce process, but the main difference is the outcome: When a legal separation is finalized, you're still legally married—which means you can't get married to someone else. 43; 10 Mich. § 50-6 (2023). Fair Labor Standards Act ( FLSA) – this law provides the foundation for the federal minimum wage and overtime-pay requirements. Divorce cases often involve important issues about property and debt division, financial support and if children are involved, child custody and parenting time. You must be unmarried on the last day of the tax year: If you're legally separated from your spouse, this counts as "unmarried" under IRS rules. Legal separation ends the financial relationship between spouses who will most likely be separated but are still legally married. Aside from assets and debts, business interests and pensions, like 401k plans, also fall under community property. What kind of divorce is right for you? In Louisiana, you have several possible options that will result in a divorce. You may want to consider a legal separation agreement before the other spouse moves. Moreover, those in long-term separations were more likely to lack a college education, be “more disadvantaged,” and have more children than those who ended up. The short answer is that if your debts are separate, their credit will not be impacted. If one spouse were to identify that their marriage was broken, and the other were to identify it to be irretrievably broken, the court. If you have questions about disadvantages of legal separation in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. In jurisdictions without the right to a legal separation, the spouses could simply live apart and enter into a. We're not ending our marriage and we aren't contemplating divorce right now. Several other laws govern divorce in the state. ) begins when one spouse files a motion (request) with the court. Abandonment does not take place when a spouse moves out of a family home to create a temporary or permanent separation unless it also includes the refusal to provide any type of support. S. Federal estate tax return – due nine months after the individual’s death, though an automatic six-month extension is available if asked for prior to the conclusion of the nine-month period. Unlimited electronic signatures with RocketSign ®. Click through to learn about. After earning a law degree from the University of Arizona, he clerked for two years for a U. What is a divorce "Decree?" The Decree is the final order of the court legal- ly ending the marriage. A due diligence search for a missing spouse requires the petitioner to check with: The missing spouse’s former employers, family, friends and neighbors. Send 3 copies of the application to the address on the form and keep your own copy. Glendale Arizona Marital Legal Separation and Property Settlement Agreement where Minor Children and Parties May have Joint Property or Debts and Divorce Action Filed Make the most of our comprehensive web form library to make sure you always can get up-to-date samples that are prepared for downloading, completing, and signing. Arizona law doesn't say how long a marriage must last to be considered long. Additionally, some couples choose legal separation for religious or financial reasons. If you are thinking of filing for…. No matter how long a couple has lived together in Arizona, their union will not be regarded as valid without a certificate. How long have you. Divorce, like other court procedures, is driven by legal forms. to 7 p. m. Sep 01, 2023 · 5 min read. Remaining married but separated and living together can be like a trial run where you experience the differences before you take final action. Here you will find information regarding Arizona child custody laws, including whether the state favors one parent over the other, legal decision-making, parenting time, child support, how to establish. At that point, you may no longer file tax returns under the status of a married person; whether that be filing as “Married Filing Jointly” or “Married Filing Separately”. You may informally separate from your spouse or file a petition for a legal separation with the court. If the reasons for choosing that status remain in effect, the legal separation can remain in effect as well. ) small appliances (coffee maker, toaster, microwave oven. This also extends to cases where you are already legally separated. However, there's no law that specifically references legal separation for married individuals. To be considered unmarried at the end of a tax year, your spouse may not be a member of your household during the last 6 months of the tax year and you must meet other requirements. 1. The process for a legal separation in the District of Columbia (D. A formal court-ordered legal separation is not a way to decide if you and your spouse want to get a divorce. Others have too many assets or child custody matters to resolve. Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. PT. While separated you remain legally married and are not allowed. In Arizona, couples have three options for legally changing their married status: divorce, annulment, or legal separation. A number of states offer a simplified dissolution of marriage procedure that applies in certain circumstances. S. Community property laws rule in divorce court, splitting assets 50/50. For the purposes of Medicaid Divorce, income is not relevant. In some states, spouses must actually become legally separated as a requirement before they can obtain a divorce. If this does not work, take her to small claims court. Separation Notice Template Form; Arizona:. Unfortunately, in GA, just like in five more states, courts don’t recognize legal separation. S. m. How Long Do You Have to Live Together to Be in a Common Law Marriage? The myth that you're in a common law marriage if you live together for seven years is just that—a myth. Pennsylvania divorce law doesn’t need to be a mystery. But don't let them drive you to rash legal decisions. m. Yes, you do need the help of a good lawyer right now. Resources. Alternatively, couples in Nevada can ask to be legally separated, also called "separate maintenance actions. you and your spouse have been living separate and apart for a minimum of two years (if you have a court-approved legal separation, you only need to separate for one year, or 18 months if you have children (LSA-C. In the event that one spouse dies while the couple is legally separated, the marital relationship ends without the surviving spouse going to family court, and no further legal process is necessary. Once a divorce has been finalized, employers will not allow an ex-spouse to remain on a health insurance policy. Separation. In the case of legal separation, according to Wisconsin Statute 767. m. Many married couples separate when they are contemplating a divorce or taking a break from their relationship. Establish and maintain the intent. Step 1: Confirm Your State's Residency Requirements. C. m. No couples may get divorced in North Carolina unless the spouses have lived separate and apart for a full year. Includes divorce, arrangements for your children and help with housing and money. to 4 p. You must be unmarried on the last day of the tax year: If you're legally separated from your spouse, this counts as "unmarried" under IRS rules. Sexual harassment is a form of sex discrimination recognized under Title VII of the Civil Rights Act of 1964. For help in getting the house in a divorce, call Clark & Schloss Family Law, P. Dealing with our service is easy and quick. The anger and sense of loss that so often accompany a separation cannot be overcome by any law or counsel; emotional crises are best addressed through the help of friends, family, and therapists. The main difference between the two types of family law cases in Arizona is that a divorce completely dissolves the legal status of the marriage and returns each spouse to the status of a single person. S. The petitioner needs to meet certain residency requirements, such as living in Arizona for at least 90 days before filing. You should also decide how long the partner keeping the house has to refinance (if you’re both on the mortgage). Get help navigating a divorce from beginning to end with advice on how to file, a guide to the forms you might need, and more. We will continue to share ownership of and access to our joint bank and credit card accounts, and we will both continue to deposit our paychecks into the joint checking. Sep 01, 2023 · 3 min read . If you have legal questions about your legal rights, you should ask an attorney. Because the process for divorce and legal separation are almost identical, you'll need to make sure you meet Vermont's divorce requirements. New York and three other states still require grounds to divorce your spouse. Scottsdale , It is commonly understood that when couples get divorced, they are most likely changing their estate plan to reflect the divorce, in addition to accommodating new spouses or children. Cons. How Do You File For Legal Separation in Arizona? The Arizona statue addressing legal separation is ARS § 25-313. § 40-4-5. How to apply. October 2022 Coconino County Law Library 37 LEGAL SEPARATION WITHOUT CHILDREN RESPONDING TO A CASE YOU CAN USE THIS PACKET IF ALL THIS IS TRUE:No, you may not file as head of household because you weren't legally separated from your spouse or considered unmarried at the end of the tax year. If filing for a divorce or legal separation, filers should be prepared to provide information about the. A couple may choose to remain legally separated to ensure their access to important social security benefits that are only available to couples who remain married for a minimum of 10 years. R. Legal separation is not a “step” on the way to divorce; it is a completely different legal status. In any family law case, whether it’s a contested or uncontested divorce, or if you have a premarital agreement (A. If you are planning to file for divorce in Florida, a good place to begin is by learning about these forms and their requirements. Community property laws rule in divorce court, splitting assets 50/50. (a) A retail marijuana store shall assure that: (3) any marijuana or marijuana. Meet State Requirements. Call LegalZoom See our FAQs. Property Relations. (N. 1. Yes, as long as that spouse can prove legal residency in that state or country, according to the law. After earning a law degree from the University of Arizona, he clerked for two years for a U. Updated October 2, 2021. It makes it harder for you to prove a common law marriage existed if you wait for more than two years after you separate before taking action. What if I Can't Find My Spouse or Don't Know Their. After a divorce or annulment, if your child has health insurance from the non-uniformed service parent, then TRICARE can still act as a second payer. Family Court / Sensitive Data Cover Sheet (Confidential Record) DRSDS10F-A. State laws require that you wait 60 days from the date of service before you can proceed with a divorce. This includes important rights like healthcare, legal status, tax filing status, property ownership, and the right to inherit as next of kin. Divorce is permanent, and a divorce order is extremely difficult to appeal. The couple may be married, or they may be unmarried but living together like a married couple in a common-law relationship. § 25-312. We're not ending our marriage and we aren't contemplating divorce right now. m. 31, as long as they are not legally divorced on that date and both agree to file their taxes as married taxpayers filing jointly. If you have questions about reversing legal separation in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. S. The entire process can take from as little as a few months to as long as several years. You can change (convert) a legal separation decree to a divorce order. After earning a law degree from the University of Arizona, he clerked for two years for a U. 25-319. The law in Arizona provides that you must be a resident of the State of Arizona for at least ninety days prior to filing a Petition for a Dissolution of Marriage. ©Superior Court of Arizona in Maricopa County Revised 1/1/2023. Several other laws govern divorce in the state. They can also establish child and spousal support. you are considering. But to commence a divorce action, one must live in Arizona for 90 days. In states, such as Arizona, South Carolina, and many others, married couples can legally separate from one another. The first, and by far the most common way, is by having both the husband and wife sign a separation agreement. m. Why Do You Have to Wait 60 Days If You Do Not Have to Be Separated? Even though Arizona does not require a separation period before a couple can divorce, the state still has a waiting period. That's not far off from the longest marriages—16 years or more—in the guidelines schedule for the duration of maintenance payments (as described below). 5020 E Shea Blvd, Suite 240. However, the Court can change the Petition for Legal Separation into a Petition for Dissolution of Marriage (divorce), if you and/or your spouse have lived in Arizona for the last 90 days prior to filing the Petition for Legal Separation and. A couple must wait at least 60 days after filing the divorce petition before the court can finalize the divorce by issuing a divorce decree. If the parties were legally separated during the marriage and later reconciled, the former spouse can still qualify as long as the total years of marriage add up to 20. Our Arizona legal separation and family law attorneys have over 100 years of combined experience successfully representing clients in legal separation and family law cases. In the following table, you'll find a brief overview of marital property laws in Arizona as well as links to relevant statutes. § 46b-40 (c) (2022). PT and weekends 7 a. In a Nutshell. When it comes to meeting new people, it's a dangerous until you've signed a separation agreement (or until after your trial), because you don't want to do anything that would arouse suspicion. to 4 p. For reliable advice and representation on alimony and other family law issues, call Clark & Schloss Family Law, P. If you are in a difficult financial situation, it's possible to get a divorce without paying a dime. § 25-329, the just period for a legal separation with divorce is 60 days after the draft has been delivered by the petitioner on the respondent. How long does a legal separation process take in. A. However, putting off the inevitable with a long-term separation will not help you or your spouse, and it can incite negative legal and personal repercussions. Domestic partners can visit their city clerk's office to dissolve a domestic partnership. Specifically: you or your spouse must have lived in Arizona at least 90 days before you file the Divorce Petition, or one of you is a member of the armed forces and has been stationed in Arizona at least 90 days before you file for divorce. Before you can seek a divorce in Oregon, one spouse must have lived continuously in the state for at least six months prior to filing a divorce petition. Get legal help. In New York, only a signed and notarized “separation agreement” gives you the legal right to live separate and apart from your spouse. Not as long as he/she is a minor. Studies indicate that the overwhelming majority of married couples who legally separate get divorced within 3 years of their separation. m. A judge will divide a divorcing couple's property and debts, unless the couple is able to reach a settlement agreement. In Arizona, there is no time limit on how long a legal separation can last. Code § 20-91 (9) (2022). Property Ownership During Marriage and Division in Divorce. Even in complex divorce cases involving long-standing marriages and substantial marital assets, parties may achieve a property settlement by documenting it in a separation agreement. We're available Mon-Fri 5 a. ) The state's 6-month residency requirement does not apply to a legal separation. A formal court-ordered legal separation is not, however, usually the wisest. Cynthia and Howard Bean agree that we are going to live apart beginning on February 1, 20xx. S. How do you know if you have a common-law marriage? If you live with a roommate for five years, are you a married couple? Generally, no. (T.