Legal Question in Family Law in California
Can you get a legal seperation in California, ?
I have a girlfriend that married in Washington. Moved to California, has been physically, and emotionally abused by her husband. Her dad is moving her up here in a couple of months, Does she have to go in front of a judge to bring her kids out of the state? so she is not charged with abduction? or is that only after a divorce? Can she put a no contact restraining order on him, and it covers whatever state she is in? Can she file for legal seperation in California? Then file for Divorce in the state she is moving to?
1 Answer from Attorneys
Re: Can you get a legal seperation in California, ?
She does not need to get permission of a judge to move, if there is no current order, but that is only the simple answer to your question. The California courts would retain jurisdiction over the custody of the children for a period of 6 months after the move to Washington and the court could order the children returned to California. She should consult with a California attorney before moving.
There is no advantage to filing for legal separation in California and then filing a dissolution in Washington. It takes just as long to get a final decree in a legal separation as it does a dissolution of marriage.
She should talk to a California attorney to plan the leaset complicated and least expensive plan to proceed.
Good Luck, Pat McCrary
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
