Legal Question in Family Law in California
I live in Contra Costa County, California. I am wondering if I can file a legal separation ex parte? And, if so, how long the process is likely to take? The reason I ask is that I have started to file for a divorce but all forms have not been filed yet. I want to buy a home soon but the underwriter will not approve a loan unless I have a legal separation or divorce certificate and I�m trying to find the quickest way to proceed. Thank you.
1 Answer from Attorneys
The completion of a legal separation takes just the same amount of time as completing a divorce action. That is to say a judgment can be entered within six months of the date that the petition was served upon the other side. When you complete a divorce, you divide your property and terminate your marriage. When you complete a legal separation, you're still married but you have a judgment dividing your property.
You should be able to file your initial pleadings directly with the clerk while waiting for that process to take place. Please meet with an experienced family law attorney to determine where you are in the process and explore your legal options.
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