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Daniel Solutions
Daniel Solutions, Lawyer (JD)
Category: Legal
Satisfied Customers: 9934
Experience:  Practing General Attorney,
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How do I know If Im legally seperated. I filed for divorce

Resolved Question:

How do I know If I'm legally seperated. I filed for divorce and so did my husband, we filed seperate tax returns last year but this year were living back together and want to file jointly, we never divorced, are we legally seperated or stll married? how do I find out?
Submitted: 6 years ago.
Category: Legal
Expert:  Daniel Solutions replied 6 years ago.
You are only legally separated if you filed for the request as part of your divorce or separately. If you are not divorce and the court did not issue a separation order, then you are still legally married and not separated. Living apart alone is not sufficient for legal separation.
Customer: replied 6 years ago.
I don't know if we filed for a legall seperation we are not on good terms with the attorneys where on the legall documents can I find out where it says legal seperation
Expert:  Daniel Solutions replied 6 years ago.
If you dont want to contact your attorney then I suggest you go to court and ask the clerk to look inside your court file for a separation or divorce order.
Customer: replied 6 years ago.
How do I find the clerk at the Riverside Court, 880 North State street Hemet, Ca 92543 Family Law Case SWD 013109 When you call you get get transfered all over the place, Help me please. I don't want to get in trouble with the IRS for filing legally seperated last year and jointly this year.
Expert:  Daniel Solutions replied 6 years ago.
Regardless of whether you're legally separated by court order, you can file separate but married.
Your best option is to go to your court, not call because they will not tell you over the phone since you must prove you are a party to the action.
Daniel Solutions and 6 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
OK so I go to the Hemet court and ask for the clerk of the court? for family law give them my case # XXXXX ask f i'm legally seperated? Do my husband and I both have to go or can I just go?
Expert:  Daniel Solutions replied 6 years ago.
Go to the court house record department and ask for a copy of all the court orders issued on your case. The clerk most likely will not answer that question but you can ask. Regardless get copies of all the orders issued and then read the court orders so you will know for yourself. If there is a separation order then you are separated. If not then you are still married until your divorce is final. Either you or your husband can make the request alone or together.
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