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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9407
Experience:  Experienced Family Law Attorney
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For LegalGems: Regarding physically seperate in divorce definition,

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For LegalGems: Regarding physically seperate in divorce definition, I married 8/1994, legally court documented that we seperated 4/1996. The primary home is under my name and he did not move out, I lived in the masterbedroom and he lived in the den until i finally finished the divorce pettition paper on 3/2004, then he moved out. Questions to you:

Will the court take period 8/1994-4/1996 OR period 8/1994-3/2004 to calculate the 50/50 fund in his 401K to give it to me on QDRO form?

LegalGems :

Good Day! I'm a Family Law expert here at JA and will do my best to assist you. Please remember, though, I can only provide general information.

LegalGems :

Hello. Thank you for requesting me again! Oh, sorry to inform you but that means the time of marriage will be 8/94-4/96 - even if you were living in the same house, you were living separate and apart (i.e. not as a married couple). Also, the filing of the court documents makes this easier for him to prove that you were physically separated as far back as 1996. Once a married couple for all intents and purposes don't reside as a married couple, this begins the separation period.

Customer:

That is very sad news. Thank you so much for educating me on my divorce so that I can make good educated/informed decisions to move on from here. I look forward to chating with you more in the future. Your contribution to JA's community is greatly appreciated. Have a happy retirement :)

Customer:

Again,thank you very much for all your helps :)

LegalGems :

Oh thank you for the wonderful compliment!

LegalGems :

Yes, it is unfortunate - So many people make decisions, not knowing the legal pitfalls. It's too bad they don't simplify state statutues and just write them in plain english - it would save a lot of grief!

LegalGems and other Family Law Specialists are ready to help you

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