Legal Question in Family Law in California

legal separation

I was married in MN 12/23/05. I moved from IL (quit a job and left my children) to move to MN to marry. I was not able to find a job on MN. For whatever reason (yet to be determined) my wife asked me to leave in mid September, 2006. I moved back to IL for awhile and then on to CA in December when I tried to reconcile with my wife (move back with her) and she turned me away saying that she wanted me out of her life.

(She asked me to sign a quitclaim on her house and I did)

It looks like I could land a good job here in CA very soon and I think it would be best to recognize our situation as a ''legal separation'' to protect myself going forward. I hope that we can reconcile and want to work in that direction, but I do not want her to have any rights to my income (now or going forward, if she decides for divorce.

I do not want to file for divorce. I just want something to legally note and recognize that we have been separated since 9/06. Further, if possible, I would prefer that she not know in case she would misinterpret it as an act of divorce.

(I just want protection and I am broke)

Thank you.


Asked on 1/27/07, 12:06 pm

1 Answer from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: legal separation

There are self-help centers as well as forms that are available on-line. You need not be a resident of California for more than a day to file a Petition requesting a legal separation. You will also need a Summons (family law) and you may request a fee waiver if you qualify. If, after you have been in California for 6 months, you decide to get divorced you can amend your Petition to request dissolution of your marriage. In order for the separation to be granted you must properly serve your wife. A professional server may be your best choise.

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Answered on 1/27/07, 4:46 pm


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