Legal Question in Family Law in California

I need some basic legal advice on receiving spousal support. �I'm not sure how to initiate it. Whether I should go to a Courthouse, County Clerk, or see a lawyer. Whether I should file legal separation, or file for divorce.

I married in 98. Separated in 08. Not receiving financial support from spouse. I am only making $400/month. He is making $2500-$3500./month. I have no money for legal counsel. What would be fastest way to start receiving spousal support by filing legal separation or divorce. I am going to divorce my spouse eventually, but have not had the money at any given time.

Thank You

Liliana


Asked on 7/22/10, 3:05 pm

1 Answer from Attorneys

The only difference between legal separation and divorce is whether or not you can remarry (and a few other technicalities). Otherwise they are the same and proceed the same. Once you file for divorce you can immediately file for temporary support orders. If you have kids, you can also open a case with the Dept. of Child Support Services for child support. If you don't have kids, contact the family law facilitator's office in your local county court. You would also probably find it helpful to get a copy of How to Do Your Own Divorce In California, by Nolo Press. You may also qualify for the San Francisco Bar Volunteer Legal Services program. Give them a call.

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Answered on 7/22/10, 8:18 pm


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