A simple question about legal separation vs divorce

What is the name of your state?What is the name of your state? California

I was awarded a default judgement for a legal separation two years ago.I separated originally to protect myself from my husband's gambling debts.

Now I want to get a dissolution and know I have to file again.

I want to do it myself.

Do I have to file the income and expense declaration and community property declaration? That was decided on in the separation agreement.

I anticipate this will be default also but does my husband have a claim on anything of mine during the time we've been separated? He has left the state and is not working but I am.

Thanks

Heal said:

What is the name of your state?What is the name of your state? California

I was awarded a default judgement for a legal separation two years ago.I separated originally to protect myself from my husband's gambling debts.

Now I want to get a dissolution and know I have to file again.

I want to do it myself.

Do I have to file the income and expense declaration and community property declaration? That was decided on in the separation agreement.

I anticipate this will be default also but does my husband have a claim on anything of mine during the time we've been separated? He has left the state and is not working but I am.

Thanks

Click to expand...

My response:

Yes. Up to once a year after entry of a legal separation or paternity judgment providing for support, either party may demand from the other party production of a current income and expense declaration accompanied by the prior year's federal and state personal income tax returns. [Ca Fam §§ 3663, 3664, 3665] If the responding party does not comply within 35 days (or responds incompletely), the requesting party may obtain "income and benefits" information from the nonresponding party's employer. The nonresponding party is also subject to sanctions in a subsequent modification or termination proceeding. [Ca Fam §§ 3664(b)-(f), 3667]

IAAL

Just so I am understanding correctly

It's interesting, I never mentioned support of any kind in my post but I WAS awarded spousal support in the legal separation so those statutes would apply in my case. Only received a month's worth before he lost his job.

At any time either party can review each others finances as long as there is support. Correct?

What I want to do now is apply for dissolution without asking for support.
I want no financial ties with him.

So I need to file the papers as before with current information.

Thanks

Heal said:

It's interesting, I never mentioned support of any kind in my post but I WAS awarded spousal support in the legal separation so those statutes would apply in my case. Only received a month's worth before he lost his job.

At any time either party can review each others finances as long as there is support. Correct?

What I want to do now is apply for dissolution without asking for support.
I want no financial ties with him.

So I need to file the papers as before with current information.

Thanks

Click to expand...

My response:

You didn't have to mention it. In 99% of the cases, there's "support" involved; and besides, I've been practicing Family law for nearly 25 years. It really doesn't take a rocket scientist to figure this out, and to figure out what you meant or needed to know, and why. Also, if you notice, I did say, "Up to once a year after entry of a legal separation or paternity judgment providing for support . . ."

As to your last statement, yes.

IAAL