Legal Question in Family Law in California

, Was moved out of house in january Found out she was cheating by april And she filed for separation in june I'm leaning more towards divorce what's the best route. No assets or kids to split.is there any way to screw her over now.n what happens if I do nothing,as far as seperation goes...plz hlp


Asked on 6/17/11, 11:16 pm

1 Answer from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

Your formal response to the legal separation pleading filed by your wife allows you to request that the case be turned into a divorce action.On the response form you file with the court, you check the appropriate boxes requesting a divorce. Do not wait until your wife takes a default against you under the legal separation action. Doing so and allowing that case to be concluded with a judgment will result in your need to file a new action for divorce. This new filing requires another 6 months waiting period before you can terminate your marital status.

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Answered on 6/18/11, 10:08 am


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