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What is the time limit that you have to be seperated before you are legally seperated?

Tupelo, MS |

My husband and I have been seperated for abt a month now. He is living with his girlfriend and we haven't even filed divorce yet. I was wonderimg if there is a time period that u will be legally seperated.

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Attorney answers 6


There isn't, but you aren't legally separated until you go to court and ask for an order determining maintenance. Only then are you legally separated.


Mississippi does not recognize legal separation. You either need to file for divorce, file for separate maintenance or just stay married.

The law office of Anders Ferrington 601-316-8428 practices state wide. In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but instead need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice.


I agree with both counsel but when I'm asked that in my office by someone already separated, I add that they are legally separated. What I mean by that is it is not illegal to live apart and no one will get arrested. However, it doesn't get you court orders that may be necessary. Talk to an attorney and file for divorce.

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You are either married or single in Mississippi. There is no legal separation.

This reply is provided for information purposes only and does not represent legal advice or an attorney-client relationship.


In Mississippi you are married until the judge signs that you aren't. We do not recognize a legal separation but you can seek separate maintenance and/or child support. If you are wanting the divorce, his living with a girlfriend certainly gives you grounds, as well as, irreconcilable differences.

My response in no way creates an attorney/client relationship. I am simply seeking to offer some insight into the situation with the limited facts given. It is not to be held as direction on what to do and the answer could be different given slight changes in the question.


As others have noted, Mississippi does not generally recognize a status of "legally separated". You are married unless and until a judge grants you a divorce. Him living with his girlfriend, if proved in Court, would be grounds for a fault based divorce against him. Many lawyers, myself included, offer a free initial consultation. You should make an appointment with one of us to discuss your options.

Answers provided are for informational purposes only. No attorney-client relationship is intended or implied. Simpson Law Office, PLLC provides a free initial consultation. Call (662) 350-3392 to schedule an appointment.

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