Legal Question in Family Law in California

My husband and I are divorcing � married 9 years and 4 months, one minor child, house, cars, misc property in home. In his divorce petition he cited the date of separation as December 27, 2010. We are still living together and will continue to do so in the same house conducting ourselves as we did before he filed. This is expected to remain the same until the divorce is finalized, or reversed.

I sincerely believe he has filed this as a means to make me more �obedient� under the threat of divorce. But I must prepare for our separation.

Question: Will the judge include the time we have remained under the same roof sharing the same lifestyle and bedroom, after the actual date of his filing, as part of the total time we were married? Meaning we were NOT actually separated as the divorce paperwork currently states?

If yes, how do I achieve this recognition? What forms must I complete and provide the court?

He has an attorney secured, is the primary breadwinner in our home ($9,000-$16,000 per month 1099). I have yet to secure an attorney due to extreme retainer requested. $3,500 is A LOT!

In your answer, please also provide me a referral to an experienced attorney in Los Angeles, CA. I live in Woodland Hills. Case filed at LA Superior Courts.


Asked on 12/31/11, 5:05 pm

1 Answer from Attorneys
B. Stuart Walker Law Office of B. Stuart Walker

Did you take note that you have 30 days from the time of service to file a response? If you don't, he can file a default and proceed without you. Your question about the date of separation becomes irrelevant if this occurs. Yes, if you were still living together, and hadn't abandoned all hope of saving your marriage - you may convince court that you have a long term marriage. Further analysis is required to determine whether it is worth the attorney fees to pursue this. (usually involves a separate trial) You can retain me for $2500. Telephone (562) 598-7486

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Answered on 1/03/12, 9:07 pm


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