Question about legal separation

What is the name of your state? California

Hi. I realized that I missed the cut off date (June 30th) for having my divorce finalized by December 31st. I don't want to worry about tracking his butt down come April for tax issues. I'd like to do a Legal Separation first and then immediately file for divorce. How much time will I have to wait once I file Legal Separation before I can put in for divorce. I'm assuming I can't do both at the same time, right?

almostout said:

What is the name of your state? California

Hi. I realized that I missed the cut off date (June 30th) for having my divorce finalized by December 31st. I don't want to worry about tracking his butt down come April for tax issues. I'd like to do a Legal Separation first and then immediately file for divorce. How much time will I have to wait once I file Legal Separation before I can put in for divorce. I'm assuming I can't do both at the same time, right?

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My response:

Unless you're filing for a Legal Separation due to some religious reason, you don't need to. All you need to do is file for a Dissolution, and immediately, unless your spouse goes in to court on an Ex-Parte motion for interim support, neither of you are financially responsible to the other.

There is no time element between the date you would actually file your Petition for Legal Separation and a Dissolution of Marriage. Theoretically, you could file for Legal Separation today, and then tomorrow, file an amended Petition to change it to Dissolution.

A Dissolution of Marriage cannot be granted until 6 months have passed from the date of separation you state in the Petition. However, if you insist on a Legal Separation, upon filing the Petition for that, the "legality" of separation is immediate; i.e., there is no waiting period for Legal Separation.

IAAL

Re: Re: Question about legal separation

I AM ALWAYS LIABLE said:

My response:

Unless you're filing for a Legal Separation due to some religious reason, you don't need to. All you need to do is file for a Dissolution, and immediately, unless your spouse goes in to court on an Ex-Parte motion for interim support, neither of you are financially responsible to the other.

There is no time element between the date you would actually file your Petition for Legal Separation and a Dissolution of Marriage. Theoretically, you could file for Legal Separation today, and then tomorrow, file an amended Petition to change it to Dissolution.

A Dissolution of Marriage cannot be granted until 6 months have passed from the date of separation you state in the Petition. However, if you insist on a Legal Separation, upon filing the Petition for that, the "legality" of separation is immediate; i.e., there is no waiting period for Legal Separation.

IAAL

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Thanks for your response. I do have two follow-up questions, though:

1. If I file for legal separation and then a week later (or so) file for a dissolution of marriage, will that negate the legal separation? Or is that still valid? Are we still legally separated?

2. My spouse won't go to court to ask for interim support, but if we're not offically divorced by December 31st, it is my understanding that we are still required to file our taxes jointly. Is this correct?