# Between filing and serving



## sqrt314 (Jun 14, 2011)

I filed divorce on my WW almost a year ago, but I didn't know about the whole procedure on serving. So after filing, I gave her a copy and I left the house.

The house mortgage is under my name so I've made payments for the past year with her living there. 

So I recently found out that she needs to get served. So does that mean officially we are not separated the past year? What are some of the legal ramifications of filing but not serving?


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## cbnero (Dec 6, 2013)

Often there is a mandatory "cooling off" period for couples to hopefully work things out. The state doesnt start the countdown on that colling off period until you have her served.

whether you have been paying the mortgage or not is meaningless. You are no closer to being divorced than you were a year ago.

_Posted via *Topify* on Android_


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## PBear (Nov 16, 2010)

You really need to talk to a real lawyer. Around here, we need a one year separation period. But there's no "formal" separation process. If you can show "separation" through separate residences (lease agreements, utility bills, etc), or separate bank accounts, it can count. People even do their "separations" even when in the same house.

But talking to a lawyer a year ago would have told you what you needed to do. So go make an appointment to see one.
C


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## ThreeStrikes (Aug 11, 2012)

Talk to a lawyer. Laws vary depending on your State.


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## Pluto2 (Aug 17, 2011)

Until a filed pleading is served it has no effect. Talk to a local attorney about whether physical separation with intent to divorce will help you establish "legal separation", but other posters are spot on. Every jurisdiction is different. In mine, there is no such thing as "legally separated" but you have to be separated for a year before you can file for divorce. Go figure.


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