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  #1  
Old 06-12-2005, 06:26 PM
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Is this really Possible?


What is the name of your state? Indiana

I think I know the answer to this but I'm being told that I'm wrong (by unqualified people). Here's the situation:

Man and Woman started dating about a year ago (maybe a year and a half). Woman had not worked in over 3 years, lived with family and had no income coming in. Man lives in inherited house and lives on SSD.

They married on April 30, 2005. The first week of June man kicked woman out. Woman is back living with family again. Woman is seeing an attorney tomorrow and has stated to family members that not only the attorneys but information she found out on the internet (kind of hard to imagine since internet isn't available where she is and she rarely gets up off the couch) that she can file for a legal separation (for a year she say)and that the man will not only be responsible for all of her bills but will have to pay for her for an apartment or housing for her. Now, I realize the man can file for divorce any time he would like but even still, is it even possible during the separation he'd be made to pay to support her after only being married for one month (mind you, they didn't live together until marriage)?
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  #2  
Old 06-12-2005, 06:30 PM
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Location: Los Angeles, California
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Quote:
Originally Posted by tigger22472
What is the name of your state? Indiana

I think I know the answer to this but I'm being told that I'm wrong (by unqualified people). Here's the situation:

Man and Woman started dating about a year ago (maybe a year and a half). Woman had not worked in over 3 years, lived with family and had no income coming in. Man lives in inherited house and lives on SSD.

They married on April 30, 2005. The first week of June man kicked woman out. Woman is back living with family again. Woman is seeing an attorney tomorrow and has stated to family members that not only the attorneys but information she found out on the internet (kind of hard to imagine since internet isn't available where she is and she rarely gets up off the couch) that she can file for a legal separation (for a year she say)and that the man will not only be responsible for all of her bills but will have to pay for her for an apartment or housing for her. Now, I realize the man can file for divorce any time he would like but even still, is it even possible during the separation he'd be made to pay to support her after only being married for one month (mind you, they didn't live together until marriage)?


My response:

Either she's a heavy drug user, or is as fat as a cow, or is a cow, or just dumber than a bucket of rocks.

Tell that bitch I said so.

IAAL
  #3  
Old 06-12-2005, 06:36 PM
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Quote:
Originally Posted by I AM ALWAYS LIABLE
My response:

Either she's a heavy drug user, or is as fat as a cow, or is a cow, or just dumber than a bucket of rocks.

Tell that bitch I said so.

IAAL

THANK YOU!! She claims to be disabled and I know she smokes them funny looking cigarettes so you're first assessment might be pretty close. I keep telling these people that he doesn't owe her anything and she'll get what she took into the marriage (her clothes and few possessions) but no-one wants to listen to me and actually tried telling me today that MORE then one lawyer have told her she can do this. The whole goal of going to the lawyer is to milk this man for anything she can... and she's got people believing that she can.
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  #4  
Old 06-12-2005, 06:47 PM
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Quote:
Originally Posted by tigger22472
THANK YOU!! She claims to be disabled and I know she smokes them funny looking cigarettes so you're first assessment might be pretty close. I keep telling these people that he doesn't owe her anything and she'll get what she took into the marriage (her clothes and few possessions) but no-one wants to listen to me and actually tried telling me today that MORE then one lawyer have told her she can do this. The whole goal of going to the lawyer is to milk this man for anything she can... and she's got people believing that she can.
IAAL is right...she's nuts.

Indiana doesn't even have "legal separation".

She's going to get "squat".
  #5  
Old 06-12-2005, 06:52 PM
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Quote:
Originally Posted by LdiJ
IAAL is right...she's nuts.

Indiana doesn't even have "legal separation".

She's going to get "squat".

When did they stop allowing 'legal separation"? Years ago I went to legal aid and was planning on filing for one, they said they only did divorces and I called a few lawyers about it and they quoted me a price for it. I opted not to do either one but this was like early 1998 and in 1999 filed for the divorce.

And I agree she's not going to get anything but she has others believing it. In fact she's taking the man's credit card tomorrow to pay for this lawyer! I've advised that not only will she not get anything but she could be ordered to pay him back for these fees she racking up on his credit card which are adding up. But... I'm just an idiot and don't know anything!
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  #6  
Old 06-12-2005, 06:53 PM
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Quote:
Originally Posted by LdiJ
IAAL is right...she's nuts.

Indiana doesn't even have "legal separation".

She's going to get "squat".

My response:

Please, Ldij . . . I don't need your kudos, or for you to justify me, or your compliments, or anything else from you. I know I'm right with or without you. Just stay off of California threads, you idiot.

IAAL
  #7  
Old 06-12-2005, 06:55 PM
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Quote:
Originally Posted by tigger22472
When did they stop allowing 'legal separation"? Years ago I went to legal aid and was planning on filing for one, they said they only did divorces and I called a few lawyers about it and they quoted me a price for it. I opted not to do either one but this was like early 1998 and in 1999 filed for the divorce.

And I agree she's not going to get anything but she has others believing it. In fact she's taking the man's credit card tomorrow to pay for this lawyer! I've advised that not only will she not get anything but she could be ordered to pay him back for these fees she racking up on his credit card which are adding up. But... I'm just an idiot and don't know anything!

My response:

Is there a trailer in this woman's story? If you know the man, tell him to cancel his credit card.

IAAL
  #8  
Old 06-12-2005, 07:03 PM
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Quote:
Originally Posted by I AM ALWAYS LIABLE
My response:

Is there a trailer in this woman's story? If you know the man, tell him to cancel his credit card.

IAAL

Oh trust me I looked for his phone number to call and warn him but I don't have it and the ones that do have it wouldn't DARE give it to me! As much as I hate to admit it I am related to this woman.

This is what I was told after letting them know that she's not entitled to anything:

" I don't know where you got your info . XXX has been on the computer too AND talked to several Lawyers. She has a Husband [until and if he divorces her ] ,and he is responsible for her till they are divorced . She is seeing a Lawyer MOnday to file for a legal seperation and he is responsible for her bills unless hefiles for divorce ,and he still has to pay till it's final . "

Trust me, if I could reach him he'd know but ONE of them will be figuring it out pretty soon and my odds are on her
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  #9  
Old 06-12-2005, 07:12 PM
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Quote:
Originally Posted by I AM ALWAYS LIABLE
My response:

Please, Ldij . . . I don't need your kudos, or for you to justify me, or your compliments, or anything else from you. I know I'm right with or without you. Just stay off of California threads, you idiot.

IAAL
I knew you would do that...sigh. How about you stay off of Indiana threads?
  #10  
Old 06-12-2005, 07:33 PM
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Quote:
Originally Posted by tigger22472
When did they stop allowing 'legal separation"? Years ago I went to legal aid and was planning on filing for one, they said they only did divorces and I called a few lawyers about it and they quoted me a price for it. I opted not to do either one but this was like early 1998 and in 1999 filed for the divorce.

And I agree she's not going to get anything but she has others believing it. In fact she's taking the man's credit card tomorrow to pay for this lawyer! I've advised that not only will she not get anything but she could be ordered to pay him back for these fees she racking up on his credit card which are adding up. But... I'm just an idiot and don't know anything!
I separated from my ex at the end of 1990 and a "legal separation" wasn't possible then. We could do alot of the things that a legal separation would normally do....but we had to do each thing independently. We had reasons for not divorcing so we went through all that "hassle". I refied the house, he quit claimed...we both refied the cars...we cancelled all joint credit cards and open individual ones...etc....divided everything else etc.

However we were both told that the one thing we couldn't "separate" was medical bills...we would each be liable for each other's uninsured medical expenses until we actually divorced.

Our eventual divorce was a true "piece of cake"...because everything was already divided. We only had to deal with custody/child support/visitation issues and since we were already on the same page with those it was a "no brainer". The funny thing was that his attorney got "contempted" by the judge because she attempted to get the agreement thrown out...AGAINST her own client's wishes....LOL...she was a brand new attorney and disagreed with some of our agreements...even AFTER we both signed....and she ticked off the judge no end....LOL.

I paid 1000.00 for the divorce and he paid 500.00...

In any case....I don't believe that Indiana law has changed since 1990 in regards to legal separation.
  #11  
Old 06-12-2005, 07:43 PM
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Actually with a little research I just found the code..

[url]http://www.state.in.us/legislative/ic/code/title31/ar15/ch3.html[/url]

I need to look it over a bit and still think it will not affect the outcome of this case, but they do offer legal separation.
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  #12  
Old 06-12-2005, 08:07 PM
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Quote:
Originally Posted by LdiJ
I separated from my ex at the end of 1990 and a "legal separation" wasn't possible then. We could do alot of the things that a legal separation would normally do....but we had to do each thing independently. We had reasons for not divorcing so we went through all that "hassle". I refied the house, he quit claimed...we both refied the cars...we cancelled all joint credit cards and open individual ones...etc....divided everything else etc.

However we were both told that the one thing we couldn't "separate" was medical bills...we would each be liable for each other's uninsured medical expenses until we actually divorced.

Our eventual divorce was a true "piece of cake"...because everything was already divided. We only had to deal with custody/child support/visitation issues and since we were already on the same page with those it was a "no brainer". The funny thing was that his attorney got "contempted" by the judge because she attempted to get the agreement thrown out...AGAINST her own client's wishes....LOL...she was a brand new attorney and disagreed with some of our agreements...even AFTER we both signed....and she ticked off the judge no end....LOL.

I paid 1000.00 for the divorce and he paid 500.00...

In any case....I don't believe that Indiana law has changed since 1990 in regards to legal separation.

My response:

Divorced, huh? I knew there was something wrong with you. You see, Mrs. Liable and I have been happily married for 32 years now, and we're still very much in love. You, on the other hand, are a societal reject. I knew there was a reason for the way you are, and obviously, your former husband knew it too.

Stay off of California threads. Geez, speaking of "oppositional".

IAAL
  #13  
Old 06-13-2005, 06:05 AM
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Quote:
Originally Posted by I AM ALWAYS LIABLE
My response:


Stay off of California threads. Geez, speaking of "oppositional".

IAAL
Nah...can't do it. I made a commitment to be the designated "whipping boy" and I must honor that commitment.
  #14  
Old 06-13-2005, 06:18 AM
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Quote:
Originally Posted by tigger22472
Actually with a little research I just found the code..

[url]http://www.state.in.us/legislative/ic/code/title31/ar15/ch3.html[/url]

I need to look it over a bit and still think it will not affect the outcome of this case, but they do offer legal separation.
You know, I almost never take an attorneys word for granted anymore, but I sure did back then....and no less than 4 attorneys told me a legal separation wasn't possible in Indiana.

Although....this part may be what makes the attorneys told me accurate: (bold)

Findings required for decree
Sec. 3. Legal separation shall be decreed upon a finding by a court:
(1) that conditions in or circumstances of the marriage make it currently intolerable for both parties to live together; and
(2) that the marriage should be maintained.

Its probably difficult if not impossible to prove both requirements. The first would be easy, but the first combined with the second would probably be darned hard to prove.....particularly if one of the parties wanted a divorce.

However, after reading the statute, it clearly states that someone cannot file for a legal separation if a petition for dissolution of marriage has been filed. Therefore he could pre-empt her by filing for divorce.

Last edited by LdiJ; 06-13-2005 at 06:20 AM.
  #15  
Old 06-13-2005, 09:17 AM
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Quote:
Originally Posted by LdiJ

However, after reading the statute, it clearly states that someone cannot file for a legal separation if a petition for dissolution of marriage has been filed. Therefore he could pre-empt her by filing for divorce.

Oh yeah most definately.

Like I said back in 1998 my ex and I split and I went to legal aid. I wanted a legal separation as I was told to get a CS order, etc. Legal Aid actually advised me on it telling me I could change it into a divorce within one year. Then I went to pay them and was informed they only did divorces, not the separations there. I could have gotten divorced for $100 and it was going to cost me over 800$ for a separation.
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