Legal Question in Family Law in California
legal separation
can I, unilaterally, file a legal separation retroactive to the actual date of separation?
2 Answers from Attorneys
Re: legal separation
There is a definition of separation in the Family Code that does not relate to the date that you file a petition for separation. There are specific legal ramifications to the date of separation, that in many cases make no difference, in other cases make all of the difference. I just completed a trial in which the only disputed issue was the date of separation, which made huge differences. You should talk to an attorney before filing the petition for separation so that you can understand what the legal date of separation is and how is affects you case. Good Luck, Pat McCrary
Re: legal separation
The date of separation is relevant and will become a finding of fact if undisputed by your spouse. What are your goals, and are you informed the difference between legal separation and dissolution(divorce)? Call me directly at (619) 222-3504.