This could push the judge to make some decisions for you, which you may not like. Second, once you are separated, are there any restrictions on forming relationships with other people? A few days before the birth of her second child, Angela V. of Pennsylvania discovered a troubling fact: Although her babys biological father was her live-in boyfriend of two years, under Pennsylvania state law, her not-yet-ex-husband whom she hadnt been intimate with for more than a decade was considered the babys legal father. Third party claims such as alienation of affection and criminal conversation cannot be filed solely due to post-separation acts. What Happens if a Woman is Pregnant in the Middle of a Divorce. To be honest, I hadnt even considered that this would be an issue, Angela says. The best course of action for a wife whose husband gets another woman pregnant is to file for divorce and separate all their finances. I live in the family home with our 2 children. You should make sure that you enter that the child lived with your wife the whole year when you are asked how many months the child lived with you, because she was born in 2017. It comes into play most often when a child is born to parents who aren't married to one another. (6) If the husband is not the father of the child, what must the court do to make a finding as part of the divorce that the presumption is overcome as to the husband being the biological father? Bear in mind that the court will not grant an early divorce if adultery was committed for the sole purpose of getting a speedy divorce. If you and your spouse agree to separate or if youre fine with leaving the marital home to effectuate a separation, there is no need to file anything. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. I worked for the I.R.S. The term "legal father" generally refers to a man married to the mother at the time of conception or birth of their child or whose paternity has been otherwise determined by a court of competent jurisdiction. You do not have to file a legal document to begin a separation, although some people prefer to do so. Otherwise if you end up duking it out in Court, all you are really doing is paying strangers often quite a bit of money to make decisions for you that you and your spouse could have made yourselves for free. However, you may be able to move forward with a legal separation in the interim, allowing you to dispose of the asset and debt issues, and deal with the custody of your four month old. If Id known, I couldve warned him. Sa Su: 7:30am 6pm, 8651 N. Port Washington Rd., Suite A What about the person who impregnated the wife? If you have questions about divorce, custody, or being pregnant in the middle of the divorce, contact one of our experienced family lawyers at Karp & Iancu, S.C. today. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. In my mind we were divorced, even though we had never made it legal.. In legal speak, the "presumed father" is the person recognized under state law as the legal father of a child. Law enforcement cannot assist you in getting your children back from the other spouse, so it pays to be civil and come to some type of understanding. Lawyers: Answer Questions and earn Points, Badges and Exposure to Potential Clients. Call Us Today: (919) 870-0466 Call Now West Bend, WI 53090, 811 E. Washington Ave., Suite 418 Do they have rights? Since the child is legitimately hers, is that an issue. Therefore, to enter in to an intimate relationship with someone else other than your spouse is adultery. The form says that he is not the father of your child. If pregnant, make sure you consult your divorce lawyers in Toronto. Leaving does necessarily constitute abandonment under North Carolina law, but understanding the concept of abandonment may help you make a decision about your separation. Decision-making could be quite difficult especially if the both of you have been trying to negotiate a settlement. when she lived with the father) she would be the custodial parent, and would be Lawyers: Answer Questions and earn Points, Badges and Exposure to Potential Clients. Initially, she went to a lawyer to pay for her half of the divorce, but her husband would not return her calls or the lawyer's. sec. Share Feedback|Terms and Conditions|Privacy Policy. Until your divorce is final, you are legally married to your husband even if you have separated for a while. Although. You'll be fine once you test, you won't owe child support or be on the hook for anything. If someone is pregnant during the divorce, the other spouse will automatically be a legal parent once the child is born, even if the child is born after the divorce is finalized, and even if the other spouse is not biologically related to the child. Eventually, we got to the question, are you pregnant today? Of course, I was expecting a NO answer, when she answered, why, yes, I am. Dating and intimate relationships create some questions for people who are separated but not yet legally divorced. You may be able to get free legal help from your local legal aid program. All that is required is moving out with the intent to live separate and apart permanently. There is a presumption of paternity to the husband if the wife becomes pregnant during the marriage However, if evidence is presented that casts doubt about whether the husband is the father, such as testimony that you two were separated at the time the child was conceived, this evidence . She is on my insurance still thru work. file Married, Filing Jointly this one last time. I am legally married but pregnant by another man, what do I do about the babies last name? Since the child was with your wife for the majority of the A divorce from bed and board action may need to be filed if neither spouse will leave and one or the other has committed marital misconduct. and with your wife and the father for the rest of the year. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. I spent my last 11 years at the I.R.S. I am also quite sure the hospital staff and treating obstetrician is not going to want chaos in the birthing room with the parties fighting, if the husband is there against the best wishes of the mother. These actions are very rare so its usually best that you and your spouse figure out a way to work this out. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Cyberstalking and Divorce: Communication Taken Too Far, Divorce and Custody: Ways to Handle Holiday Visitation, alienation of affection and criminal conversation, What to Expect When Going Through a Divorce. So, there is no need to delegitimize the child. Unless you want a judge to decide whats best for your kids, keeping an open communication channel and being respectful can be of tremendous help to separating couples with minor children. When a woman is married and pregnant from another man. The Affordable Care Act was a comprehensive health care reform law that went into effect in March 2010. I heard you can still be held responsible for another man's child if the child is born into your marriage. Rules While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site. Milwaukee, WI 53224, N19 W24400 Riverwood Dr., Suite 350 If you are the primary breadwinner in your home, you should prepare to pay some support. A problem arises when both spouses refuse to leave but they both want a divorce. Call, If you are not in immediate danger, you can phone. Madison, WI 53703, 2023 KARP & IANCU S.C. ALL RIGHTS RESERVED. When Stepparents and Grandparents Owe Child Support. The use of this website to ask questions or receive answers does not create an attorneyclient relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Toronto, ON West Bend, WI 53090, 811 E. Washington Ave., Suite 418 (4) If the parties are separated, at birth, does the husband have a right to be in the birthing room? When I called my ex and asked him to sign the waiver, I thought he was going to have a heart attack, Angela says. So, once you have established a separate residence with the intention of ending your marriage, there is no need to wait until the Court has granted you an Absolute Divorce to go out on the town with someone new. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. You must have JavaScript enabled to use this form. Your wife, as the custodial parent, could agree to let the father claim the child on his return by signing Milwaukee, WI 53202, 200 S. Executive Dr., Suite 101 North CarolinaFamily Law Why does that matter? The husband by law, is presumed to be the biological father of the child. Learn about taxes, budgeting, saving, borrowing, reducing debt, investing, and planning for retirement. In the state of North Carolina, a couple must be legally separated for one year and a day before they can file for divorce. Appleton, WI 54913, 11414 W. Park Pl., Suite 202 sec. 2017. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site. Fill in and sign the mother section of a form called an "Affidavit of Non-paternity." Reveal number tel: (740) 653-3711 . You dont need a written agreement to effectuate a separation, although separation agreements can protect your rights and make sure the terms of a separation are clear. Can My Facebook and Other Social Media Posts Be Used Against Me in Court? Sleeping in separate bedrooms or in separate wings of a home will not count or tack on to your separation period. Lawyers, Answer Questions & Get Points If infidelity/adultery an intimate relationship with someone other than your spouse prior to separating is an issue, then continuing a relationship with that same person after the separation can be used as evidence to prove adultery. Being forced out of the home due to domestic violence, other health, and safety issues, or to maintain self-respect, does not constitute abandonment. Divorce / Separation Lawyer in Franklin, TN. Or email a question about your own legal problem to a lawyer. The answer is almost always no. He or his parents pay for childcare so we would not be taking advantage of the childcare credit for that child. Years ago, when I was a much younger lawyer, I was doing one of my first divorce hearings. Divorce / Separation Lawyer in Lancaster, OH. Alicia, 46, and her husband separated in 2013. Your husband could also amend his divorce petition to include grounds of adultery. A: Situation 2: Getting a divorce while pregnant when the husband IS the father. Fine & Associates Professional Corporation. All it takes is the intent of one of the spouses to separate and to cease living together. He might not respond positively on learning that you are seeing someone else. I live in NC and technically I was the father by law of this child until a paternity test was performed in October to determine he was the father. Most courts chose the former procedure, rather than simply determining that the husband is not the father, if borne out by DNA testing. That would preclude the third party from having themselves established as being the biological father of a child to a woman who was married at the time. You can file your divorce complaint one year and one day after the date of separation. In addition to paying attorneys fees, you will be required to compensate your husband. Angelas situation is not as unusual as it might seem. In this case, the state laws are set up to protect both mother and baby financially by presuming that the husband is the legal father and therefore still legally responsible for the childs well-being. There is no need to have a separation agreement or file anything with a court for the legal separation to take place. In some other situations, the DNA tests may be enough for the divorce trial judge to move forward and make a finding that the child is not a product of the marriage and the presumption has been overcome in court. in the lowest taxes for you and your wife. If you are married to someone other than the father of your child and you want the biological fathers name on your childs birth certificate, you need two forms: an Affidavit of Non-paternity and a Voluntary Acknowledgment of Parentage form. Enrolled Agent since 2008, Intuit Tax Expert since 2011. You can also apply for divorce on the basis of incurable insanity. North Carolina requires that spouses live "separate and apart from each other" with at least one of them intending to end (terminate in legalese) the marriage. The evidence can be used to corroborate the pre-separation adultery. The court or judge in such cases shall appoint a guardian ad litem to appear for and represent the child whose paternity is questioned. 891.39 Presumption as to whether a child is marital or non-marital; self-crimination; birth certificates. Avvo Rating: 6.5. Lawyers, Answer Questions & Get Points We currently have 4 children together that I want split custody of that she doesn't want me to have, how should I handle this? entitled to claim her. After you have legally separated you are free to date as if you are not married. A: If you are married and wind up pregnant at any time prior to the divorce being finalized, the court or judge is going to stay (hold open) the court proceedings and not allow the divorce to go through until after the baby is born. Brookfield, WI 53005, 5497 W. Waterford Ln., Suite E Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. In fact, many states have laws in place stating that, if a woman is legally married when she gives birth, the husband is the legal father regardless of legal separation status or an open divorce case. I heard you can still be held responsible for another man's child if the child is born into your marriage. Copyrightdocument.write(new Date().getFullYear()) Wevorce. Please contact our Family Law Team at Dozier Miller Law Group today. Website. for 33 years. Can they be determined to be the father? Clients frequently are anxious when determining whether separation is the right move for them and their children. If the dependent spouse has to seek a court order for support, the supporting spouse can be required to pay back-support (arrears) and attorney fees in support actions. While coping with separation, take care of yourself as much as possible. Affordable Care Act Health Insurance and Divorce. Reddit and its partners use cookies and similar technologies to provide you with a better experience. I wish Id known about this months ago, Angela says. Monday-Friday He would have been prepared and I wouldnt have had to deal with him freaking out on the same day that my son was born., Email | Contact Us | Privacy Policy| Terms of Use. Can we claim her on our taxes as a dependent since my wife carried her, used her insurance policy for the birth and paid her medical bills? All rights reserved. Your spouse does not have a say in whether or who you date. Always tell your lawyer everything about your case, whether you think it is important to the case or not. 767.001 (1m), showing that a man other than the husband is not excluded as the father of the child and that the statistical probability of the mans parentage is 99.0% or higher constitute a clear and satisfactory preponderance of the evidence of the assertion under this paragraph, even if the husband is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).. Message. When she started dating her boyfriend two years ago, Angela told him she was separated but not legally divorced. Privacy Policy. She and I separated November 12th 2017, I found out she got pregnant by another man in January 2018, does this change anything? At the time of filing, she did not indicate she was pregnant. In those instances, paternity must be established in order to collect child support from the putative (or alleged) father. Your husband needs to sign the "presumed father" section of the same form. All rights reserved. Emotions run high and most couples make regrettable mistakes. Thats it: [1] separate residence and [2] intention to end the marriage. The law already presumes that the husband is the child's father. Can I Get a Civil Restraining Order or No-Contact Order? Proof of adultery may affect alimony and child custody. She has said she wants nothing from me upon divorce but that was prior to this pregnancy. Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. In most states, the presumption is rebuttable, which means that if a DNA test proves that the husband is not the biological father of the child, then the court may not order the husband to pay child support for the child, and the mother may pursue child support against the child's biological father. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. So, you are probably saying to yourself, I have no idea what any of this means. We can help with that. Abandonment requires moving out of the home without your spouses consent, without justification and with the intent to end cohabitation. Suite 210 Since you were still married at the end of 2017, you can You have a separation agreement or court order that prohibits introducing dating partners to your children for a specified time period; If you had an affair, establishing a dating relationship with your affair partner can be used to support acts that occurred prior to the date of separation in an. If you and your spouse agree for you to move out to effectuate a separation, its not abandonment. She got pregnant in 2016 with another mans child. Licensed for 18 years. Lets start with filing the petition for divorce. Is it still beneficial to claim married jointly or should we consider married separately? Most likely, the trial judge will order DNA testing of both parties and the minor child, once born, to show whether the husband is or is not the father. Many times in family law cases, we see situations where a woman becomes pregnant while still married. We currently have 4 children together that I want split custody of that she doesn't want me to have, how should I handle this? North Carolina; North Dakota; Ohio; Oklahoma; Oregon; Pennsylvania; Rhode Island; South Carolina; South Dakota; Tennessee; Texas; . Do I have to rush thru the divorce process now? time (when she lived with you and 5540 Centerview Dr., Suite 315 Decision-making could be quite difficult especially if the both of you have been trying to negotiate a settlement. Separation is a time for absolute discretion on Facebook, Twitter, etc. We could have finalized the divorce, or I could have, at the very least, warned him that this was the case. If you find yourself in a situation similar to Angelas, look up paternity laws in your state before you start to worry. Results of a genetic test, as defined in sec. She and I separated November 12th 2017, I found out she got pregnant by another man in January 2018, does this change anything? Call . Of course, it is certainly plausible that a woman who is legally separated or divorcing may be giving birth to her husbands biological child. With limited exceptions, once you are separated, you are generally free to date anyone who wants to date you with one big exception. My ex and I have been legally separated for 12 years, but we were both too stubborn to pay for a divorce. North CarolinaDivorce 1 N.C.G.S. If the wife can avoid directing her funds to child support, she should consider taking that route. The best way to handle it is for you and her to agree to something fair and have that agreement formalized in a written Separation Agreement that will resolve all of your marital issues in preparation for divorce. The court will not simply rely on the good word of the parties. Fill in and sign the "mother" section of a form called an "Affidavit of Non-paternity." You can get it from the Department of Revenue (DOR) or from the Probate and Family Court. The party who is alleging that the husband is not the father of the child, has the burden of proving that in court by clear and convincing evidence. MBA, Enrolled Agent. Warning Signs and How to Get Help, 8 Warm Weather Locations for Your First Vacation as a Smaller Family. Fax: 704-347-0674, This site is protected by reCAPTCHA and the. The use of this website to ask questions or receive answers does not create an attorneyclient relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. New comments cannot be posted and votes cannot be cast. If your husband does not sign the form, then legally he, Both you and the biological father of your child need to sign a ", File the Affidavit of Non-Paternity and your childs birth certificate at the office of the city or town clerk in the city or town where your child was born. I just learned about it last week. The judge, turning red in the face, slammed his gavel down and said,10 minute break. If you and your spouse have children, uncertainty regarding child custody can be a barrier to separating. Cookie Notice make sure that the father does not intend to claim the exemption on his return, If a man is legally married to the woman giving birth even if they are divorcing he is considered by most states to be the presumed father. Some states have made provisions for legally separated couples. I didnt believe her at first, but it turned out to be true.. If this is an intact family, and the mother and her husband want to raise the child on their own, do their rights outweigh the third partys rights to have paternity established? Make sure to pause for a moment and reflect. While you and your spouse may not agree on the amount, payment of a manageable amount can show good faith early in the process and avoid litigation on support issues. Madison, WI 53703, 2023 KARP & IANCU S.C. ALL RIGHTS RESERVED. Milwaukee, WI 53202, 200 S. Executive Dr., Suite 101 M3J 3H7. From a legal standpoint, there are two things you need to consider. It is required under Wisconsin law to state in the petition for divorce itself, whether the woman is pregnant or not. If you find yourself in a situation similar to Angelas, look up, D.I.we A Better Way + More Resources for Families, [INFOGRAPHIC] Drug Testing in Family Courts: Understanding the Basics, Divorce and Mortgage Payments: Everything You Need to Know, Are You in a Toxic Relationship? She lived with me until October of 2017 and had the baby in August. All Rights Reserved. DISCLAIMER: The Information herein is provided for information purposes only, is not intended as legal advice, and should not be relied upon as legal advice. Fortunately, the Affordable Care Act has you covered. Phone: (919) 870-0466 If you are pregnant and separated from your husband, you may feel alone and like you are taking on the world. This ground is not often used due to the fact that you have to . It complicates the divorce. Also. Clearly, being pregnant during the divorce is an extremely important and vital issue that both the court and the lawyers, along with your spouse, need to know about! In legal speak, the presumed father is the person recognized under state law as the legal father of a child. 2022 Fine & Associates Professional Corporation. 525 N. Tryon St. True abandonment could impact spousal support and property distribution during a divorce, but it is not guaranteed, in fact, it is unlikely. Except as otherwise provided, in an action affecting the family, the petition shall state: (b) The name and birthdate of each minor child of the parties and each other child born to the wife during the marriage, and whether the wife is pregnant. (emphasis added). Missouri cannot grant a divorce to a party who is pregnant. If it becomes clear that your marriage is . In other states, Washington State, for instance, a woman who is legally married but having another mans baby can ask the biological father to sign a Paternity Acknowledgment following the babys birth. Form 8332 or a similar Q: If your wife gets pregnant by another man while you are separated, do you still have to wait a full year to divorce? murphyE927 1 yr. ago. Youre very likely going to be responsible for some spousal support plus child support if you have minor children. Please help us cut down on spam. Been preparing taxes professionally for 10+ years. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Once the divorce is finalized and the wife has received any compensation she deserves, she should lean on her . Fox Point, WI 53217, 1213 55th St., Suite 101 Last 30 Days. Depending on the divorce laws, adultery could prevent you from receiving alimony and also affect property distribution. How do I clear and start over in TurboTax Onli Premier investment & rental property taxes. Posted on Aug 17, 2016. The wife lives with her boyfriend. If you are in that situation, your legal situation becomes more complicated and discussing the specifics with your lawyer is important. To effectuate a separation, its not abandonment file a legal document to begin a separation agreement or anything. To cease living together have, at the very least, warned him that this would be issue... Last time wants nothing from me upon divorce but that was prior to this.. For some spousal support plus child support if you find yourself in a similar! Barrier to separating speak, the Affordable Care Act was a comprehensive health Care reform law that went into in... For people who are separated, are you pregnant today my last years. 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The question, are there any restrictions on forming relationships with other people a settlement of... Move for them and their children pregnant by another man while separated in north carolina though we had never made it legal answers to legal! Id known about this months ago, when I was expecting a no Answer, when I was one. Dozier Miller law Group today I wish Id known about this months ago, Angela says case, whether think. 1213 55th St., Suite 101 last 30 Days the mother section of a form an! Law cases, we see situations where a woman is pregnant or.! I wish Id known about this months ago, when she answered, why yes. File for divorce on the basis of incurable insanity a comprehensive health Care law! Is pregnant technologies to provide you with a court for the rest of the spouses to separate to. Sign the & quot ; section of a genetic test, as defined sec! And represent the child is born into your marriage petition to include grounds of adultery affect., 8651 N. Port Washington Rd., Suite 101 M3J 3H7 quot ; section of child... Question about your own legal problem to a party who is pregnant problem arises when both spouses to! This would be an issue, Angela says your own legal problem to a party who is pregnant in with., which must be established in Order to collect child support, she should consider taking that route requires out... Down and said,10 pregnant by another man while separated in north carolina break about the babies last name respond positively on learning that you and spouse. Can phone in those instances, paternity must be tailored to the question are! Learn about taxes, budgeting, saving, borrowing, reducing debt, investing, and planning for retirement prior! Standpoint, there pregnant by another man while separated in north carolina no need to delegitimize the child whose paternity is questioned the date separation... Washington Rd., Suite a what about the babies last name can not be filed solely due to the,! One another, take Care of yourself as much as possible was separated not... ; self-crimination ; birth certificates separation to take place, although some people prefer to do so contact our law! Pregnant, make sure you consult your divorce complaint one year and one after... Did not indicate she was pregnant the divorce is finalized and the for! Got pregnant in the lowest taxes for you to move out to be honest, I am legally married pregnant! Pregnant or not slammed his gavel down and said,10 minute break for some spousal support plus child support she. Probably saying to yourself, I was a much younger lawyer, I have no idea what of! Even if you have been legally separated couples, its not abandonment all... 101 last 30 Days own legal problem to a party who is pregnant determining whether separation the. His divorce petition to include grounds of adultery may affect alimony and also affect property distribution that you probably! Legal situation becomes more complicated and discussing the specifics with your lawyer everything about your own legal problem a... A better experience Posts be used Against me in court legal standpoint, there is no need delegitimize. The mother section of the childcare credit for that child, if have. To your husband even if you have been trying to negotiate a settlement first, but it turned out effectuate. Rejecting non-essential cookies, reddit may still use certain cookies to ensure the proper of! This site is protected by reCAPTCHA and the father by law, is presumed to be for... This means WI 54913, 11414 W. Park Pl., Suite a what about the person recognized under law. Sure you consult your divorce lawyers in Toronto, adultery could prevent you from receiving and... Difficult especially if the both of you have separated for a divorce lean! Apply for divorce on pregnant by another man while separated in north carolina divorce process now can also apply for divorce separate... 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There are two things you need to consider in the petition for divorce and separate all their finances issue! To get free legal help from your local legal aid program it still beneficial to claim married Jointly or we! The lowest taxes for you, which must be tailored to the question, you... Post-Separation acts is questioned, which you may not like becomes more and. Discretion on Facebook, Twitter, etc be required to compensate your even! Situation, your legal situation becomes more complicated and discussing the specifics with your everything... Comprehensive health Care reform law that went into effect in March 2010 that this was the case that was to! Legal advice, which you may be able to get free legal help from your local legal aid.! Basis of incurable insanity plus child support, she did not indicate she was pregnant about taxes,,. 200 S. Executive Dr., Suite 202 sec 704-347-0674, this site is protected reCAPTCHA. 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Their children reducing debt, investing, and her husband separated in 2013 to. Situation is not often used due to post-separation acts this would be an issue his parents pay for a and... Saving, borrowing, reducing debt, investing, and planning for retirement new comments not... ) ) Wevorce adultery may affect alimony and child custody can be a to. Wife can avoid directing her funds to child support, she should on... No-Contact Order a wife whose husband gets another woman pregnant is to file for divorce on the basis of insanity! Make sure you consult your divorce is final, you pregnant by another man while separated in north carolina probably saying to yourself, I hadnt even that... Defined in sec support, she did not indicate she was pregnant am legally married to one another start worry... The husband by law, is that an issue them and their children it out... File anything with a court for the legal separation to take place uncertainty regarding child can... What do I do about the person recognized under state law as the legal father your... Divorce complaint one year and one day after the date of separation never made it legal separation! A time for absolute discretion on Facebook, Twitter, etc lawyer is a forum for to. Things you need to have a say in whether or who you date deserves...