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Marital Status Questions

Marital status is what determines whether a person is married or not. Many people have questions about marital status. Most of these questions arise when a person is separated from a spouse and they are unsure how to address their status. Other questions surround issues such as filing for taxes, death and marital status. If you would like to learn more about marital status and marital status related questions, you can ask the Experts. The Experts cover a wide range of marital status questions. Below are five of the top marital status questions answered by the Experts.

What is a person's marital status if they are legally separated and what does it mean?

When a person is legally separated, they are still married and cannot remarry until they have become divorced. The purpose of a legal separation is to separate each spouses financial issues, making each person responsible for their own debts and future financial obligations. After a judge grants the legal separation, the couple will generally not acquire any further community property together or responsible for any type of spousal support unless it has been ordered by a judge.

How does a person protect their assets if they are unsure if they should divorce or just legally separate?

Usually if you depend upon your spouse's insurance or want to remain married for tax purposes, you would want to file for legal separation. You are still legally married, so you would want to avoid another romantic relationship during this time. If you don't rely upon your spouse's health insurance or want the tax benefits, you should consider filing for a divorce. A divorce will end the marriage, allowing you to carry a single status and allow you to proceed with your future plans.

While you are deciding what route to take, you may want to make copies of any financial statements and other relevant documents that will be used to finalize any agreements between you and your spouse. You should also seek an Expert who is experienced with divorce to further assist you.

Can an ex-spouse stop paying alimony if the person who is receiving the alimony claims to be remarried?

There are no laws that prohibit a person from pretending to be married. In order to stop the alimony payments, your ex-spouse would have to actually remarry. However, if the ex-spouse was remarried and claiming to be single, in order to claim the alimony, this would be illegal. Regardless of the reason, if the ex-spouse isn't remarried, but claims that they are, you must continue to pay the alimony payments.

In Ohio, is there anything that should be done for a trial separation and how should the taxes be filed?

A legal separation would be a better option; however, you only need to move out to be considered separated. There are sections in the Ohio Code that will help you create an agreement, Section 3105.63 (for your separation agreement provisions), Section 3119.02 (for child support calculation if you have any children together), and Section 3105.01 (for actual grounds under which you are seeking divorce). Once you have made your agreement, you may then file it with the court. When dealing with your tax returns, if you are legally separated, you income will be listed as separate. This status will deny you certain deductions and you would file married, filing separately. This filing status will make your deductions lower, however, if you reconcile before filing, you can file jointly.

Can a person lose custody of their children if they are living with a married person?

The court always puts a child's best interest first in matters of custody. The court's view on cohabitation is that there is a direct affect on a child's well being, and will consider this when dealing with a custody proceeding. The court could very well find that an adulterous relationship as a poor environment for a child, but this will depend upon the current situation and the details of the relationship. The court could also choose to prohibit you from having overnight guests in the home if there are children present.

Are you separated and unsure how to address yourself? Going through a divorce and are legally separated but unsure how to file your taxes? Well, you're not alone. Many people wonder about their marital status for many different reasons. If you have questions regarding marital status, you can ask the Family Experts. The Experts can answer any question that you have in an efficient and knowledgeable manner.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9402
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
6 Family Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Marital Status Questions

  • If I were to leave the family home with only my clothes today,

    If I were to leave the family home with only my clothes today, am I forfeighting everything that is considered 50% mine when I return after my heart catches up with my head upon returning with divorce papers? I am all alone, have no friends in this Country, have no money except a disability cheque issued monthly due to a hemorrhagic stroke suffered 12 years ago and the relationship with my husband has become increasingly abusive. Last night I felt there was no way out. I don't drink, smoke and painfully honest but find myself increasingly distrustful of the Police, I will NOT phone them for help. I will not go to a shelter, I have picked a bed and breakfast, as I am incapable of taking care of myself. My bags are packed, I just can't be screwed again, emotionally, psychologically, abusively, financial and emotionally infidelity., and him throwing me under the bus because he is a coward and only looks out for himself...we have been married 21 years, I blame myself for being a slow learner, I gave him all my power because I trusted him. He has threatened to cut off my phone, report my car stolen, even though I pay half the payments, and threatens me with money, I have probably lost 40 pounds since Nov 23rd going from a size 8 to a size 1. I'm not sleeping, have been eating crackers to try eat something, but I have no appetite. Yes, I know I'm week and sick, if I can leave with my suitcases that contain my clothes, I don't know if I can pull them out to the car, but somehow I will find the strength, because I refuse to live like this. As long as I am not doing anything illegal. I reiterate, NO POLICE! Just because I might look normal on the outside, the damage to my brain much to my heartbreak, is there The police act on what they see, they have no clue on how to deal with me!!
  • If a trial is set for January 6, 2015 and the judge wants the

    If a trial is set for January 6, 2015 and the judge wants the trial briefs at least 3 court days before the trial, when would be my deadline to file my trial brief?
  • I'm in Los Angeles, CA. I have a mutual stay-away order with

    I'm in Los Angeles, CA. I have a mutual stay-away order with my ex-boyfriend, which was done by settlement. My ex is harassing me with emails. I thought a stay-away order would prevent this type of thing. If this is a violation of the order, what are my legal remedies--going to the DA, filing a civil contempt action, getting a TRO, etc?
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