Couple Separated 23 Years JUST Filed for Divorce Now Can’t Buy a Home | Los Angeles Divorce

Posted by Tim Blankenship on

 

😳 Couple Separated 23 Years JUST Filed for Divorce❣️ Now Can’t Buy a Home 🏠

When a couple has been separated for over two decades but never officially divorced, it may seem like a mere technicality—until real-life complications arise. This was exactly the case for a client I recently helped, who had been separated since 2001 but had never filed for divorce. While the long separation itself didn’t complicate the divorce process, the real issue came to light when she tried to purchase a home and couldn’t secure a loan because she was still legally married.

Long-Term Separation Without Divorce: What You Need to Know

Being separated from your spouse for years without filing for divorce is surprisingly common. Many couples drift apart, live separate lives, and simply never take the final legal step to dissolve the marriage. In most cases, this doesn’t add complexity to the eventual divorce—especially if you know where your spouse is and they are cooperative throughout the process.

However, the legal bond remains intact until the divorce is finalized. This means any financial, legal, or personal decisions that require proof of single status can become tangled in red tape.

Why Divorce Matters When Buying a Home

For my client, the issue came to a head when she tried to buy a house. Even though she had been separated for 23 years, lenders saw her as still married, which affected her ability to get a mortgage loan. Being legally married can complicate loan applications because lenders typically consider the financial obligations of both spouses—even if you have no contact or shared finances.

Until the divorce is finalized, you remain legally responsible for your spouse’s debts and vice versa. This can cause lenders to hesitate or deny loan approval, impacting your ability to secure financing for a new home.

Filing for Divorce After a Long Separation

Filing for divorce after a long separation doesn’t necessarily mean a complicated or contentious process. In fact, if both parties are cooperative and communicative, the divorce can proceed smoothly. The key is to officially end the legal marriage to clear the way for future financial and personal decisions.

In this case, the client’s inability to purchase a home was the motivation to finally file for divorce. Once the divorce is finalized, she will be free to move forward with her home purchase without the legal and financial entanglements that come with being married.

Key Takeaways

  • Being separated for years without filing for divorce is common but can cause legal and financial complications.
  • Until a divorce is finalized, you are still legally married, which affects credit, loans, and other financial decisions.
  • Cooperation from both spouses usually makes the divorce process straightforward, even after many years of separation.
  • If you’re planning major life changes like buying a home, finalizing your divorce can be an essential step to avoid unexpected hurdles.

Final Thoughts

Separation might feel like the end of a marriage, but legally, the marriage continues until you file and finalize a divorce. For those who have been separated for years, it’s important to understand how this legal status can impact your financial life and personal goals. If you find yourself unable to move forward with important decisions like buying a home, it might be time to consider taking the legal steps to finalize your divorce.

Remember, a smooth divorce process is often possible with cooperation and clear communication. Don’t let a long separation hold you back from the next chapter of your life.

 

Long Term Separation With Kids Nothing Has To Change: Santa Clarita Divorce | Los Angeles Divorce

Posted by Tim Blankenship on

 

😢 Long Term Separation With Kids 👨‍👩‍👦 Nothing Has To Change: Santa Clarita Divorce

Long-term separation can be a complex and emotional journey, especially when children are involved. Many parents find themselves separated for years—sometimes up to a decade or more—without ever officially filing for divorce. If this sounds familiar, it’s important to know that when you do decide to file, the process doesn’t have to disrupt the arrangements you’ve already established. This insight comes from Tim Blankenship of Divorce661, who specializes in divorce matters in Santa Clarita and has guided numerous clients through these situations.

Understanding Long-Term Separation With Kids

When couples separate but don’t immediately pursue a divorce, they often continue co-parenting and living their lives in a way that works for them. This long-term separation can last many years, sometimes even a decade or more. During this time, many parents create informal agreements regarding custody, visitation, and financial responsibilities without formalizing these arrangements in court.

What Happens When You Finally File for Divorce?

One of the biggest concerns for parents in long-term separations is that filing for divorce will drastically change their current family dynamic or custody arrangements. The good news is that filing for divorce after years of separation doesn’t mean everything has to change. In fact, the divorce process often serves to memorialize and document the existing arrangements that families have already been living by.

“When you go to file for divorce, nothing has to change at that point. We are just memorializing and documenting what you’ve been doing all this time.”

This means the court will recognize the custody and support arrangements that have been working throughout the separation. You’re not starting from scratch; rather, you’re formalizing a system that’s already in place.

Benefits of Formalizing Your Separation Through Divorce

  • Legal protection: Formal agreements provide legal clarity and protection for both parents and children.
  • Stability for children: Children benefit from having clear, court-recognized custody and support arrangements.
  • Peace of mind: Knowing that your arrangements are officially recognized can reduce anxiety and conflict.
  • Future flexibility: Having a formal agreement makes it easier to modify arrangements later if circumstances change.

Preparing for the Divorce Process After a Long Separation

Before filing, it’s helpful to gather all relevant information regarding your current custody and support arrangements. This might include:

  1. Documentation of visitation schedules.
  2. Financial records related to child support and expenses.
  3. Any informal agreements or communications between parents.

Working with an experienced divorce attorney can ensure that these arrangements are properly presented to the court, making the process smoother and less stressful.

Moving Forward With Confidence

Long-term separation with kids is a reality for many families, and the idea of finally filing for divorce can feel overwhelming. However, by understanding that filing simply formalizes what’s already in place, parents can approach the process with greater confidence and less fear of sudden changes.

If you’re in a long-term separation and considering divorce, remember that the goal is to protect your family’s best interests and provide stability for your children. The arrangements you’ve developed over the years don’t have to be disrupted—they just need to be recognized officially.

For families in Santa Clarita facing this situation, expert guidance is available to help navigate the process with care and clarity. Taking this step can bring peace of mind and a clear path forward for everyone involved.

 

Couple Separated for 23 Years Finally Files for Divorce—Now Facing Home Buying Challenges | Los Angeles Divorce

Posted by Tim Blankenship on

 

Couple Separated for 23 Years Finally Files for Divorce—Now Facing Home Buying Challenges

Separation and divorce are often emotionally charged and legally complex processes. But what happens when a couple has been separated for over two decades without ever officially divorcing? This is the unusual situation faced by a client I recently worked with—a couple who had been living apart since 2001 but never filed for divorce. While the length of separation itself does not necessarily complicate the divorce process, other factors can create unexpected hurdles, especially when major life decisions like buying a home come into play.

In this article, I’ll walk you through the story of this couple, the legal nuances involved in long-term separations without divorce, and the practical implications that arise when one spouse tries to make significant financial moves while still legally married. This case highlights some important considerations for anyone who might be separated but not yet divorced—and how unresolved marital status can impact your financial future.

The Reality of Long-Term Separation Without Divorce

It’s not uncommon for couples to separate and live apart for years without formally ending their marriage through divorce. Sometimes, it’s a deliberate choice, and other times it’s simply inertia or uncertainty about the future. In my client’s case, the couple had been separated since 2001—over 20 years at the time of filing. They had effectively lived separate lives, but the legal marriage remained intact.

This situation is not inherently problematic from a legal standpoint. The divorce process itself doesn’t become more complex just because the couple has been separated for a long time. The key issues that can arise depend on whether the spouses can be located and whether they are cooperative in the divorce proceedings.

For example, if both parties know where each other are and agree to the divorce, the process tends to be straightforward, regardless of how long they have been apart. The court generally focuses on dividing assets, resolving custody (if applicable), and finalizing the dissolution of marriage.

Why Some Couples Stay Separated Without Filing for Divorce

  • Financial considerations: Sometimes, couples stay legally married to maintain benefits like health insurance or social security.
  • Emotional reasons: Divorce can be emotionally draining, so some couples avoid it to maintain peace or due to hope for reconciliation.
  • Legal complexity: For some, the process of divorce seems daunting or expensive, so they delay or avoid it altogether.
  • Uncertainty about future plans: Some couples separate to test the waters but don’t want to make the split permanent until they’re sure.

Regardless of the reasons, it’s important to recognize that separation alone does not legally end a marriage. Until the divorce is finalized, both spouses remain legally married, which can have significant consequences.

The Unexpected Complication: Buying a Home While Still Married

In the case of my client, the wife was trying to purchase a home after years of separation. However, she encountered a significant roadblock: lenders were hesitant to approve her loan because she was still legally married. This is a common issue that many separated but not divorced individuals face.

Here’s why this matters:

  • Marital status affects loan eligibility: Mortgage lenders consider marital status when evaluating a borrower’s financial obligations and risks. Being married means that the lender has to consider the financial impact of the spouse, even if separated.
  • Potential claims on property: Since the couple is still legally married, the spouse may have claims to any assets acquired during the marriage, including a new home.
  • Credit and debt considerations: Even if separated, debts and credit histories can affect loan approvals, especially if both spouses have shared accounts or obligations.

Because of these concerns, lenders often require a finalized divorce to clear any ambiguities about ownership and responsibility. In my client’s case, this meant that until the divorce was officially filed and processed, she could not move forward with buying the home.

Why Divorce Matters for Financial Transactions

Many people underestimate how much their marital status impacts financial decisions. Here are some key points to consider:

  1. Legal ownership and rights: Property acquired during marriage is generally considered marital property, subject to division upon divorce.
  2. Loan liability: Even if spouses are separated, joint debts or liens can affect each other’s creditworthiness.
  3. Tax implications: Filing status changes after divorce, affecting income tax returns and deductions.
  4. Estate planning: Marital status influences inheritance rights unless legally altered by divorce or agreements.

Because of these factors, many lenders and financial institutions prefer to see a clear legal status before approving significant transactions like home loans.

Filing for Divorce After Two Decades: What to Expect

When my client finally decided to file for divorce after being separated for 23 years, the process was surprisingly straightforward. The extended separation didn’t complicate the legal proceedings, provided that the spouse could be located and was cooperative.

Here’s what typically happens in these situations:

  • Filing the Petition: One spouse files a divorce petition with the court, officially beginning the legal process.
  • Service of Process: The other spouse is served with divorce papers. This can be challenging if they are hard to locate.
  • Response and Negotiation: The other spouse responds, and both parties negotiate terms for division of assets, support, and other issues.
  • Final Judgment: Once agreements are made or court decisions rendered, the divorce is finalized.

In my client’s case, since the couple had been living apart for so long, most issues like asset division were simpler because they had likely separated their finances years ago. The main hurdle was ensuring that both parties were accounted for and willing to complete the process.

Potential Challenges in Long-Term Separation Divorces

Despite the simplicity in many cases, there can be challenges, such as:

  • Locating the spouse: If one spouse is missing or uncooperative, the process can drag on.
  • Disputes over assets: Even after years apart, disputes can arise if assets were not clearly divided.
  • Legal documentation: Gathering financial records and proof of separation dates may be necessary.

Being prepared and working with an experienced divorce attorney can help navigate these issues smoothly.

Key Takeaways for Those Separated but Not Divorced

This case offers several important lessons for anyone separated but still legally married:

  • Separation is not divorce: Until the divorce is finalized, you remain legally married, which has financial and legal implications.
  • Be aware of financial consequences: Buying property, applying for loans, and other financial moves can be complicated by your marital status.
  • Cooperation matters: If you plan to divorce, working with your spouse to ensure a smooth process can save time and money.
  • Consult legal professionals: Getting advice from divorce attorneys can clarify your rights and options.
  • Act sooner rather than later: Delaying formalizing your divorce can create unexpected hurdles down the road.

Conclusion: Don’t Let an Unofficial Separation Hold You Back

Being separated for years without filing for divorce might seem like a minor technicality, but it can have real-world consequences, especially when making major decisions like purchasing a home. My client’s experience highlights how important it is to understand the legal status of your marriage and the impact it can have on your financial life.

If you find yourself separated but not divorced, consider the implications carefully. Taking the steps to legally end your marriage can open doors to new opportunities and remove barriers that might otherwise hold you back. Whether it’s buying a home, applying for a loan, or making other financial decisions, clarity about your marital status is crucial.

As always, if you’re facing a similar situation or have questions about divorce and separation, consulting with a knowledgeable attorney can provide personalized guidance tailored to your circumstances.

Long Term Separation With Kids: Nothing Has To Change When Filing for Divorce | Los Angeles Divorce

Posted by Tim Blankenship on

 

Long Term Separation With Kids: Nothing Has To Change When Filing for Divorce

When couples with children experience long-term separations, sometimes stretching over a decade or more, many hesitate to formalize their situation through divorce. It’s a common misconception that filing for divorce after years of separation will drastically alter the status quo, especially regarding parenting and financial arrangements. However, the reality is quite different. You can file for divorce without disrupting the established routines and agreements you and your family have been living by all along.

In this article, we’ll explore the nuances of long-term separation with children, explain what happens when you finally decide to file for divorce, and dispel myths around the changes divorce might bring. Whether you’ve been separated for years or are considering filing now, understanding these key points will empower you to approach divorce with clarity and confidence.

Understanding Long-Term Separation: What It Means for Families

Long-term separation, especially when children are involved, creates a unique family dynamic. Many parents live apart for years without formalizing their separation through legal divorce. They might maintain informal agreements about child custody, visitation, and financial support without ever filing official paperwork.

In these situations, the family essentially functions as separated but not legally divorced. Parents often develop routines and arrangements that work for their children’s best interests, even without court orders or legal documentation. This informal setup can continue for many years, sometimes even a decade or longer.

One of the biggest concerns for parents in long-term separations is whether filing for divorce will disrupt their carefully balanced family life. Will custody arrangements change? Will child support be recalculated? Will there be additional court involvement? The answer is reassuring: nothing has to change when you file for divorce after a long separation.

Why Do Families Experience Long-Term Separation Without Divorce?

  • Financial Reasons: Divorce can be costly, and some couples prefer to avoid legal fees and court costs until absolutely necessary.
  • Emotional Readiness: Divorce is a major emotional step. Some individuals or couples delay filing until they feel emotionally prepared.
  • Uncertainty or Hope for Reconciliation: Some separated couples hold onto hope of getting back together, which delays formal divorce filings.
  • Complex Family Dynamics: Blended families or situations with multiple residences can complicate the decision to file.

Whatever the reason, it’s important to recognize that long-term separation is a valid family structure, even if it’s not legally formalized through divorce.

Filing for Divorce After a Long Separation: What Changes and What Doesn’t

When you finally decide to file for divorce after years of separation, you might expect upheaval or significant changes in your family’s arrangements. But in reality, the process often involves simply documenting and formalizing what you’ve already been doing.

As one family law professional noted, “When you go to file for divorce, nothing has to change at that point. We are just memorializing and documenting what you’ve been doing all this time.” This means that the court will typically honor existing custody arrangements, visitation schedules, and financial agreements that have been working for your family.

What Does “Memorializing and Documenting” Mean?

“Memorializing” means putting your informal agreements into official legal documents. This can include:

  • Custody and Visitation Orders: Defining legal and physical custody arrangements in a way that reflects your current practices.
  • Child Support Agreements: Establishing financial support terms based on what has been agreed upon or practiced, subject to state guidelines.
  • Division of Property and Debts: Formalizing how assets and liabilities will be divided, if applicable.

By memorializing these arrangements, both parties gain legal clarity and protection. This can prevent future disputes and provide a clear framework for co-parenting and financial responsibilities.

Common Concerns When Filing for Divorce After Long Separation

Many parents worry about potential court battles or changes that could disrupt their children’s lives. Here are some common concerns and how they are addressed:

  • Custody Changes: Courts prioritize the best interests of the child, but if existing arrangements have been working well, judges often approve them as is.
  • Child Support Adjustments: Child support is typically recalculated based on current incomes and state guidelines, but parents can agree on amounts that reflect their unique situation.
  • Emotional Impact: Filing for divorce can be stressful, but knowing that daily routines and parenting responsibilities won’t necessarily change can ease anxiety.
  • Legal Fees: While divorce involves legal costs, the process may be simpler and more affordable if both parties agree on the terms.

Understanding these realities can help families navigate divorce with less fear and more confidence.

The Benefits of Formalizing Your Separation Through Divorce

Even if your family has been functioning well during a long-term separation, there are several advantages to officially filing for divorce:

Legal Clarity and Protection

By formalizing your agreements, you gain legal protection for both parents and children. This includes enforceable custody orders and child support orders that can be upheld by the court if necessary.

Financial Security

Official divorce documents can clarify financial responsibilities, reducing the risk of misunderstandings or disputes down the road. It also ensures compliance with state laws regarding support and asset division.

Peace of Mind

Formalizing your arrangements provides peace of mind that your family’s structure is recognized by law. This can be particularly important in emergencies or if one parent relocates.

Clear Path Forward

Divorce can mark a new beginning. It allows both parties to move forward with their lives independently while maintaining a cooperative co-parenting relationship.

Tips for Parents Considering Divorce After Long Separation

If you’ve been separated for years and are thinking about filing for divorce, here are some practical tips to help you through the process:

  1. Communicate Openly: Discuss your intentions and concerns with your co-parent to minimize surprises and foster cooperation.
  2. Document Your Existing Arrangements: Gather records of custody schedules, child support payments, and any informal agreements you’ve followed.
  3. Consult a Family Law Professional: An experienced attorney can guide you through the process and help ensure your interests and your children’s best interests are protected.
  4. Consider Mediation: If conflicts arise, mediation can be a less adversarial way to reach agreements.
  5. Focus on the Children: Keep your children’s well-being at the center of all decisions and communications.

Conclusion: Divorce After Long-Term Separation Doesn’t Have to Mean Change

For families with children who have been living separately for years, the idea of filing for divorce can be daunting. However, it’s important to understand that divorce is often a way to formalize and document your existing family arrangements rather than disrupt them. Nothing has to change when you file for divorce after a long separation — the court generally respects the status quo, especially when it benefits the children.

By taking this step, you gain legal clarity, protection, and peace of mind, enabling you and your co-parent to continue providing stability and support for your children. If you’ve been separated for a long time and are considering divorce, remember that this process can be a positive move forward, not a source of upheaval.

Approach the process with knowledge, preparation, and a focus on what’s best for your family, and you’ll find that filing for divorce can be a straightforward and empowering experience.