Legal Question in Family Law in California
What exactly is a "legal-separation"?
I am currently separated from my wife. I don't want a divorce yet, and am currently going to counseling. My wife has issues but refuses to see a Psychologist and is getting hostile. Everytime we speak it gets very ugly! I would rather not talk directly to her, rather speak through attorneys or something until things (hopefully) get straightened out. I want to protect myself financially, I am afraid of her spending money because she is angrey & to gain instant gratification. I can only see the children when SHE feels like I can. How do I protect my rights? How exactly could a "legal" separation protect me and give me rights to seeing the kids...not always on her terms. Any suggestions will be much appreciated! Thank you!
2 Answers from Attorneys
Re: What exactly is a
A legal separation is like a divorce in that all of the usual issues (custody, visitation, support and division of property) are addressed (with lawyers if you want), but at the end of the process you cannot re-marry as you can if you are divorced. Your spouse can get a divorce even if you file for a legal separation. For a lot of free information about these issues, seee my web site at www.sbdivorcelawyer.com.
Re: What exactly is a
Any credit cards or other open credit accounts should be closed immediately. Otherwise you are liable for the charges she makes on these accounts.
Call each of these creditors and notify them that you want the account closed. Follow up this telephone call with a letter. Then immediately give her notice that the accounts have been closed. Also make sure that she is receiving some money to pay for herself and the children.
Closing these credit accounts will probably raise the level of hostility between the two of you. Therefore you need to weigh the level of hostility against the probable amount it could cost you if she goes on spending spree.