Legal Question in Family Law in California

Separation Dates

My husband filed for divorce in Oct. after 9.5 years of marriage. We are doing our own divorce with the ''assistance'' of a paralegal. I consulted an attorney soon after he filed. My husband and I agreed to put in the MSA the date of separation as being in April so that I can qualify for his social security. ( I have been a housewife and my SS will be quite low on my own.) My lawyer indicated that this was okay as we could be ''rekindling'' for 6 months while still having the wheels turning for the divorce. We are ready to file the MSA. Is there any other place other than in the MSA that we need to include the April separation date? What wlse do we have to do? We are not getting much help from our paralegal. We don't want this to get kicked back to us and have to wait for 6 more months to get divorced. I have already stipulated in the MSA that spousal support will be terminated in 4.5 years so I am not trying to pull a fast one on him as far as having a long term marriage ot extend spousal support.

Thank you. Any and all help is appreciated.

Julia


Asked on 5/01/03, 10:36 pm

1 Answer from Attorneys
Jason Hsu Una Law Corporation

Re: Separation Dates

Your question was a little unclear to me, and I think that you have other greater concerns besides just finding out what documents list the separation date.

Whomever you hired to assist you with your paperwork should also assist you with your concerns or direct you to the proper direction so you can find out the answer to your questions. If not, you should find a family law attorney familiar with your situation. The attorney you consulted before may be a start.

The separation date is generally put on the MSA. But, again, if you are unclear at this point, then you should make sure that you clarify any additional issues with somebody who knows what they are doing.

The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to email or contact us at www.unalaw.com

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Answered on 5/02/03, 4:52 pm


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