• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Question on Separation/Legal Separation in CA.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

sddad

Member
What is the name of your state? California

My wife wanted a trial separation to see how things would work between us as her claim was that she needed time and "spacing" to herself. We have two children ages 3 and 6.

I initial thought was it might help her as I'm very willing to work on our marriage of 7 years and together for 12 years. The living arrangement for the trial separation would be that I move out for a week away from home and she would do the same. We would have full responsibility of the kids when we are at home on our own. When it came down to it I told her that I am staying put at home because doing so would really confuse the kids and this is where I live. I don't think that moving in and out on a week to week basis would be very healthy for the children. I told her that if she wanted time and space she is welcomed to do so by moving out. Moreover, she was the one with a change of heart and wanted this to happen. I'm not the one who wanted the separation. Her reaction was not a good one as she started coming up with the excuses that I'm not trying to work on this marriage and it's me that she doesn't want to see and not the kids. It turns out now she doesn't want to leave the house. Nevertheless, she threatened to seek legal separation to force me out of the house.

My question is: Should she decide to file for legal separation am I the one who must leave the house? This doesn't sound right and I'm very confused about everything. Should I be forced to move out because I didn't comply to her terms of a trial separation? I am not sure of my options. I feel that I'm getting the short end of the stick here. I feel that we can treat each other in a very civil manner under the same roof while we are working out things. Thanks in advance.
 


B

Brock Westfield

Guest
Stay in that house!!!!! I'm presently in the same boat that you are in. She decided she wanted out of the marriage and left for an apartment. 13 weeks have passed and I haven't signed the legal separation agreement ... and I have no intention of ever doing so......This is driving her crazY!!!!! It gets to be fun after a while.......Best of Luck to you and the kids!!!!!
 

stephenk

Senior Member
merely filing for legal separation does not force anyone to move. legal separation just establishes a certain date by which the courts determine when income and acquired property is no longer a community asset but separate property.

to force one spouse to leave the community residence, the other spouse would have to file a motion for removal based on certain criteria - violence, drug use, harassment, etc.

you should consult with a family law attorney to determine your options.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top