Legal Question in Family Law in California
IM married, getting ready to file a legal separation. I had owned my home previous to marriage of only 9 mos. and want to claim it as separate property. My husband is abusive and clearly does not care for me, but my religious beliefs keep me from seeking divorce, so im seeking legal separation. Once the Separtion is filed and hopefully the home is mine to keep, how long will he have to get his things and leave the home.
3 Answers from Attorneys
If your husband's conduct constitutes domestic abuse under the Family Code, you can have him removed from the house with no notice and no opportunity to get his things with a domestic abuse Temporary Restraining Order. He will then have to make arrangements with you, usually through attorneys, to get his things, usually by sending someone else to pick them up. You do not even need to get the legal separation proceeding on file to do this. You also do not need to prove actual physical violence. Verbal abuse is sufficient grounds to separate the couple, and remove the abuser from the house. You can file the domestic abuse TRO at any time and then file the separation papers after. Contact the family law facilitator's domestic violence services for help filing the TRO papers. You can find their contact information on the Sacramento Superior Court's website.
You must get a court order to have him removed if he will not do so of is own accord. The home will remain your separate property. Contact me directly.
You must get a court order to have him removed if he will not do so of his own accord. The home will remain your separate property. Contact me directly.