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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 22549
Experience:  Attorney with 14 years experience
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I am in the middle of a divorce. We are in Oklahoma and have

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I am in the middle of a divorce. We are in Oklahoma and have been here for 2 years. We have had a very difficult marriage of 7 years and share 2 children together. I am a Nurse Practitioner and own my own medical clinic. She is a recently graduated Nurse Practitioner. We have lived together approximately half of the time since we were legally seperated in this same county in 2007. We, and more specifically I have chose not to have the legal seperation lifted because of her unstable nature insisting on "break ups" and move outs every 3-6 months. Often less for shorter periods of time. I have maintained a seperate residence her "just in case" for more than 2 years. We recently decided to build a new home with the hopes that It would help our relationship. Boy were we wrong. She also stopped taking her medications in the last 3 months and won't go back on them because the "make her fat." The clinic I own is an sole proprietor Llc and I am the sole member. It was opened when we're on one of our many breaks and living 200+ miles apart in March 2011. She want half of everything to include my business. I content not possible. We are and were seperated since prior to it being created and she has no legal right to it. Please advise as to your opinion related to these specifics. She's trying to argue the seperation is not in effect because we have lived together several times since it was first filed but I'm told that does not make any difference and that it should have been formally closed. Further more, she filed single on her taxes in 2011 the year it was opened. We filed jointly in 2012 because the housewe had built together. Please advise as to you opinion of the force of the legal seperation as it pertains to the divorce and her wanting half of the business.
Submitted: 9 months ago.
Category: Family Law
Expert:  Barrister replied 9 months ago.
Hello and welcome! My name is XXXXX XXXXX X will try my level best to help with your situation or get you to someone who can.
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You mention a "legal separation" in 2007. Was this a formal action through the courts where any marital property was divided and any alimony issues addressed?
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Thanks
Barrister
Customer: replied 9 months ago.

yes it was to include child support and visitation.


 

Customer: replied 9 months ago.

I'm having difficulty determining if you got my last response.

Customer: replied 9 months ago.
Relist: Incomplete answer.
Customer: replied 9 months ago.

I will assume you will email me your response. I have more work to do.

Expert:  Barrister replied 9 months ago.
Sorry for the delay, I wanted to research a few things before responding.

Ok, if you have gotten a legal separation, this is essentially the same thing as a divorce with the exception that you are still legally married at the end of the day. Property should have been split, alimony addressed, and any child support and custody orders put in place.
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Since everything would have been divided in 2007, anything that either of you acquired after that point would be considered separate property and neither of you would have any claim to the other person's assets.
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So if you started a business after the legal separation was formally put in place, I would agree with you that your spouse would have no legal claim to the business. Apparently she is confused about the legal ramifications of what a legal separation entails with regard to cutting off either party's rights to any afteracquired assets...
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Thanks
Barrister
Customer: replied 9 months ago.

She's stating that since we filed taxes together in 2012 that nullifys the seperation. I did that because we built the house together that year and contracted it ourself. I felt it would minimize the tax nightmare. Does filing taxes together in 2012 and occasional co-habitation have any affect on the seperation being in effect.?

Expert:  Barrister replied 9 months ago.
She's stating that since we filed taxes together in 2012 that nullifys the seperation. Does filing taxes together in 2012 and occasional co-habitation have any affect on the seperation being in effect.?
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That would be incorrect, legally you are still married, so you can continue to file as married if you choose to. Technically she shouldn't have filed "single" because legally she isn't. The technical way you both should be filing is "married filing separately".
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Until you convert the separation into an actual legal divorce, which would only involve dissolving the marriage since everything else has already been addressed, neither of you should file "single".
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Thanks
Barrister
Customer: replied 9 months ago.


And no issue with intermittant co-habitation in regard to the force of the legal seperation? Probably 1/2 the time since seperation? Those were her two arguments in regard to authenticity of the legal seperation.

Expert:  Barrister replied 9 months ago.
And no issue with intermittant co-habitation in regard to the force of the legal seperation? Probably 1/2 the time since seperation?
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Potentially. Typically once the legal separation order is in place, it continues indefinitely unless you both file a motion with the court that entered it to nullify it due to a reconciliation.. However, she could try and argue that if you began living together and resumed marital relations, the separation agreement should be nullified. Your response would be that you never intended to nullify it and were attempting a trial reconciliation which didn't work as evidenced by the fact that you are now proceeding to a divorce. The fact that you were split when you started the business would also support the argument that the separation was never nullified by your cohabitation and that is your separate asset.
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Thanks
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 22549
Experience: Attorney with 14 years experience
Barrister and 6 other Family Law Specialists are ready to help you

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