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posted May 31, 2019 9:50:23 PM

How should I file if I'm legally separated in SC and I have 2 kids and I bought my own home and I'm it on my exes mortgage?

How should I file if I'm legally separated in SC and I have 2 kids and I bought my own home and I'm not on my exes mortgage?

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1 Best answer
Alumni
May 31, 2019 9:50:23 PM

If you meet the strict definition of "legally separated", you are considered single (or you may qualify for Head of Household if you have a dependent.)

An individual who is legally separated from his/her spouse under a decree of divorce or of separate maintenance is not considered married (i.e., that would be single.) Mere separation is insufficient - there must be an actual Court decree. Also some states recognize a legal separation and other states do not, and among the different states, the term means different things. Those states that do not recognize legal separations are:

  • Delaware
  • Florida
  • Georgia
  • Maryland
  • Mississippi
  • New Jersey (except in civil union cases)
  • Pennsylvania and
  • Texas

If you have any doubt as to your status in your state, check with a local attorney who specializes in family law (or handled your separation.)


1 Replies
Alumni
May 31, 2019 9:50:23 PM

If you meet the strict definition of "legally separated", you are considered single (or you may qualify for Head of Household if you have a dependent.)

An individual who is legally separated from his/her spouse under a decree of divorce or of separate maintenance is not considered married (i.e., that would be single.) Mere separation is insufficient - there must be an actual Court decree. Also some states recognize a legal separation and other states do not, and among the different states, the term means different things. Those states that do not recognize legal separations are:

  • Delaware
  • Florida
  • Georgia
  • Maryland
  • Mississippi
  • New Jersey (except in civil union cases)
  • Pennsylvania and
  • Texas

If you have any doubt as to your status in your state, check with a local attorney who specializes in family law (or handled your separation.)