Legal Question in Family Law in California

legal separation

is a legal separation agreement signed by both husband & wife and notarized as valid and effective as if it had gone through the courts


Asked on 5/22/09, 2:03 am

3 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: legal separation

No agreement an action concerning marriage is 100% certain until a judge has approved it and made a part of an order or judgment. It is a valid contract but it could be set aside upon a showing of good cause. Good Luck, Pat McCrary

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Answered on 5/22/09, 1:01 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: legal separation

No. It is not res judicata until it becomes a court order. Contact me directly.

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Answered on 5/22/09, 5:02 pm
Colin Greene Russakow, Greene & Tan, LLP

Re: legal separation

There is more required, first, a court proceeding must be pending, and second, you must have done the required financial disclosures to each other.

If either of these isn't true, it could end up being the deal once you have otherwise complied with the requirements, but doesn't have to be.

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Answered on 5/22/09, 2:06 am


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