Am I legally seperated?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I legally seperated?
I was in an auto accident recently. The insurance company says that because I was legally married at the time of the accident my spouse is required to sign papers in order for me to recieve settlement money from
accident. My wife and I have been living in different states for the past 2 years and it makes no sense that she needs to be involved in this at all. I have been a resident of SC for the last 2 years while she has died in ME and now PA. It would be wholly inconvenient for me to travel just for a signature from her. Am I legally separated and, if so, how would I document this?
Asked on September 28, 2017 under Insurance Law, South Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Generally a legal separation is a written document signed by all parties pursuant to the laws in your state. Your wife may indeed have to sign a waiver here if you have never filed for separation or divorce in a Court of law. You don't have to travel to see her. It can all be done through the mail. But I would hire a lawyer to do it for you. And talk about separate property and marital property while you are there and stopping the clock on both. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.