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Length of Marriage Question

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stargazer5050

Guest
What is the name of your state? CA

If my husband and I have been married a total of 7 years which includes 3 yrs of separation, in the eyes of the court does it consider us legally married 7 yrs or only 4 yrs for purposes of asset/liability responsibilities? There has been no legal separation and we have attempted reconcilliation several times during the 3 yrs of separation. Even tho CA is a "no fault" state, does the courts ever consider the fact that one spouse abandoned the other by moving w/o knowledge of spouse while injured spouse was out of state at time of abandonment?

Thanks.
 


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cyana

Guest
Stargazer...

Please read your own thread:

https://forum.freeadvice.com/showthread.php?s=&threadid=134310

IAAL gave you the legal answer. I gave you a site to look at. Yes, your story is very sad - everybody hopes that a spouse will "stand by his/her man or woman". I don't mean to sound cruel ... but trust me - a lot of us have sadder divorce stories than yours. Unfortunately, marriage vows are broken every day... and yes, it stinks. File for divorce in TX as soon as you have met the residential requirement, unless you have moved back to CA. If you can't pay for a lawyer, it should be relatively easy to file
"pro se". CA is a "Community Property state" (I assume your husband has no assets in TX) so your "property division" should be relatively simple. There's "how to divorce books" with forms and even online filing available in most states.

Good luck.
 
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stargazer5050

Guest
cyana

No, if I wanted sympathy I'd be at another site. I'm not looking for sarcasm here, even tho I have read lots of sarcasm at this site. I'm sure the attys that give answers that really help hear "stories" all day long. Yes, I can go pro se and am very capable to do same as I am a real estate paralegal, but being in TX puts me in unfamiliar waters and I had hoped you could help with simple questions at this site. IAAL did NOT answer this question at my original thread. My question was and still is pertaining to TX and CA: In the eyes of the court, have I been married 4 yrs or 7 yrs? It does make a difference which divorce route I take re: assets. Thanks for your time in responding. It IS appreciated but PLEASE don't feel sorry for me.
 

I AM ALWAYS LIABLE

Senior Member
Re: cyana

stargazer5050 said:
No, if I wanted sympathy I'd be at another site. I'm not looking for sarcasm here, even tho I have read lots of sarcasm at this site. I'm sure the attys that give answers that really help hear "stories" all day long. Yes, I can go pro se and am very capable to do same as I am a real estate paralegal, but being in TX puts me in unfamiliar waters and I had hoped you could help with simple questions at this site. IAAL did NOT answer this question at my original thread. My question was and still is pertaining to TX and CA: In the eyes of the court, have I been married 4 yrs or 7 yrs? It does make a difference which divorce route I take re: assets. Thanks for your time in responding. It IS appreciated but PLEASE don't feel sorry for me.

My response:

Until you receive a decree of divorce from any State, you're married. So, despite the fact that you've been "separated", you're still married.

However, the California Petition asks for the date of separation, and because you've been separated for so long, and in conjunction with the fact that yours is a short term marriage, the judge will more than likely consider the fact of your separation and that, apparently, you're able to care for yourself and you don't need support - - or very little.

Since his accounts are in California, and if you want a court to have jurisdiction over him and the money (because Texas doesn't), you'll be far and away ahead of the game if you file in California.

IAAL
 
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stargazer5050

Guest
IAAL-Thank you very much....

That's what I thot. I have good communication with his CA atty who has made comments leading me to believe the Court would heavily consider the length of separation. This divorce should be a simple matter. I'm a black & white person...no grey areas.....so I very much appreciate your straight-forward answers and the time you spend at this board. I've gained a lot of knowledge from your replies.
 

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