Can a person remain living with the spouse but file for legal separation?

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Can a person remain living with the spouse but file for legal separation?

Recently married, I have learned of a couple business dealings that went wrong. One lawsuit has came up and has included my name although it was something that happen a year before our marriage. I want to protect myself and interest. We have not combined any bank accounts or properties or vehicles.

Asked on June 16, 2009 under Family Law, Arizona

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I am a lawyer in CT.  Based on what you say, the only assets that may be exposed are your own.  If you have anything that is in both your names (i.e. you and your new wife), then those things can be executed on in the event of a judgment.  If nothing is in your name and everything is in hers, then you shouldnt have to worry about those things.  I suggest that you obtain a lawyer to protect you and make sure you disclose all your assets so the lawyer can determine what if any can happen.  I do not have enough facts to give you more definitive answers unfortunately. 


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