Legal separation, adultery, child support, etc


#1

Well the separation is not “legal” technically but not all cases necessarily need a “legal” agreement. If it’s been over one year then you can file for divorce.

As for the child support, if you have primary custody (i.e. the child(ren) are living with you)then the best thing to do is contact your local Department of Health and Human Services (DHHS) and set up an appointment. Or you can wait until the judge hears the case and makes his determination. But the DHHS will represent you for free in court as their funds are received from the state in proportion to how much child support they collect (or so I’m told).


#2

Is a separation considered “legal” if no separation agreement has been signed? It has been over one year…papers not signed yet. Can complaint for divorce be filed without separation agreement having been signed? No child support has been received this whole time…any way to make spouse pay what they are legally obligated to for child support? What about dating/relationships after separation…is that considered adultery until divorce is final? Neither spouse had other relationship until after separation…now one spouse does…the one who’s not paying, etc. Thanks for any advice.