Legal Question in Family Law in California

Seperation

My husband and I are thinking about getting a divorce but for the time being we are living apart. Do I need to have him sign a paper saying that our finances are sepaerate?


Asked on 6/05/06, 5:37 pm

1 Answer from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Seperation

Yes, but I would actually file for a formal Legal Separation with the Court so there can be no dispute as to the legal separation. The standard for a legal separation is that one of the parties has subjectively decided to separate with the intent never to get back together again. You are saying that you are both "thinking" about it. That does not meet the standard of a legal separation. I am not sure if an agreement between each other to have separate finances based upon a "paper" would hold up in Court absent a full blown legal separation. You do not actually have to file for a legal separation to have a legal separation. Until there is a legal separation, you are both still technically responsible for the community finances. If in doubt legally separate. If you decide to reconcile later on, than that would be a different issue.

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Answered on 6/06/06, 2:24 am


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