Legal Question in Family Law in California

seperation

my wife wants to seperate I do not want to leave our home, Can she legally evict me? Can she file seperation papers? Do you have to be physically seperated for 6 months to file for Divorce in CA In the settlement of Divorce does an inheritance from my brothrt become community property?

THANKS


Asked on 4/13/06, 5:34 pm

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: seperation

She would have to file and get a "kick-out order" but if it is granted, it would need to meet certain criteria. Your inheirtance is separate property. "Legal Separation" is divorce for Catholics who do not want to be excommunicated. There is not a time frame for filing. Call me directly at 16192223504.

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Answered on 4/14/06, 11:51 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: seperation

California law provides for a kick out order, however, those are generally issued only where there is a risk of physical or emotional harm. If there is a history of past physical abuse then the probablilty is higher. Where there is a child or children removal of a parent from the home is also much greater. Your best approach may be to offer to assist her to move into another residence. There is not requirement for the parties to be separated prior to filing for either a legal separation or dissolution. A petition for legal separation would result in a judgment that you live separately, but are still legally married. Thus you would not be able to remarry.

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Answered on 4/17/06, 2:22 am


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