Often times, clients will come in for a consultation, and one of the things they will advise is that their spouse has moved out several years ago, and that they’ve been living apart all this time, and the question is, are we still legally married. If nothing has been done to commence the matrimonial action or enter into an agreement, the answer is you are still legally married to that spouse.
At that point in time, we have to determine what it is that particular client wants to do. Do they want to commence the matrimonial action to finalize everything in a divorce, or do they want to enter into a separation agreement; a legal separation agreement where they would live pursuant to the terms of a contract, and then have to wait a year to finalize it into a divorce.
That can take into consideration issues such as medical insurance, where one spouse would lose their medical insurance upon the divorce. Depending on the circumstances of the case, and what the client wants, we go from there.
If you are in need of legal counsel, please contact The Penichet Firm and we will be happy to assist you in your family and criminal law matters.