California family law

sungirl said:

What is the name of your state? California

1. How long does it take to become legally separated once my husband has been served papers?

MY RESPONSE: For purposes of "legal separation" there is no six month waiting period as you'd find with a Dissolution (divorce). So, the "time" involved in having an Order of Separation signed by the judge is really a matter of the judge's docket load. Remember, the judge hears cases all day, and tries to get to his other paperwork as soon as possible. Depending upon that caseload, it could take the judge anywhere from a couple weeks to months before the papers are read and approved.



2. We share the same residence but for all practical purposes, we are separated. We don't sleep together, have separate bedrooms, separate bank accounts, separate credit cards, etc.
At what point in time would the court consider our debts and liabilities separate?

MY RESPONSE: Liabilities and assets are divided only at the time a decree of divorce is signed by a judge. It doesn't matter that you have separate accounts, or separate anything. California is a community property State, and you're both entitled to, and are responsible for, the community property assets and liabilities. There is much more information that you'll need to know for this question to be fully answered; however, once a legal separation is granted, all monies received, and expenses incurred AFTER the legal separation are then truly "separate."



3. If I file for legal separation, at what point can I change the action to a dissolution proceeding? Does the time we are legally separated count toward the 6 months it takes to become divorced?

MY RESPONSE: You can refile your Petition to amend at any time after a "legal separation" has been granted. Yes, the 6 month waiting period begins to run from the time your husband is served with the Amended Petition for Dissolution; i.e., a judge will never sign a judgment of Dissolution until 6 months have expired from the date you change your filing from legal separation to one of Dissolution.


4. We will be selling our home. Does it matter at what point I move out? Our children are grown and no longer at home.

MY RESPONSE: You can move out any time you want. Moving has nothing to do with your community property share of the liability and assets for the home. Despite the fact that you're legally separated, you're still a "partner" in property ownership. Therefore, and since you're a "partner", you'd still be on the hook for your share of the mortgage, and the expenses incurred by the house; e.g., property taxes, insurance (excluding utilities).


Good luck, and if you haven't seen a local Family law attorney yet, it's time for you to do so. You've got too much at stake to be doing this yourself.

IAAL

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sungirl said:

WOW! That was fast!

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My response:

I've heard that before. Oh, that's what Mrs. Liable tells me 2 to 3 times per week.

IAAL

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I AM ALWAYS LIABLE said:

sungirl said:

WOW! That was fast!

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My response:

I've heard that before. Oh, that's what Mrs. Liable tells me 2 to 3 times per week.

IAAL

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Yes, Mrs. Liable told me you were so good that she was quickly satisfied.

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