Legal Question in Family Law in California

Simple Separation

My husband of 21 years is in a residential alcohol treatment program and will be there for 10 more months. It is a ''free'' program because it is run by a charity. I work full time and own my home (my husband signed it over to me the last time we were separated). I have never filed any legal paperwork for separation. When I look at papers for separation, they include child support, custody, etc. That is not an issue right now, my husband has no income. The problem is if he incures any medical expenses or such, I don't want to be responsible. I don't want to file legal separation saying no child support because he's unemployed and then he gets out and owes me nothing. Is there a way to file a separation that simply states that I am not responsible for any debt he incures from this point forward, but not all the other complicated issues? He would never take the kids from me or my house, but he has no money right now.


Asked on 3/01/04, 5:53 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Simple Separation

You can file for legal separation and that will provide you with some protection. However, your situation is too complex to deal with in a couple of questions. You should obtain an attorney who can explain to you the protections and obligations that are created. It will not only protect you it can also give you some peace of mind. You do not need to take a child support order, as he has no income. The court can retain jurisdiction. Get an Attorney. Good Luck, Pat McCrary

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Answered on 3/02/04, 11:20 am
A. Russell Martin Law Office of A. Russell Martin

Re: Simple Separation

As Mr. McCrary correctly stated, a legal separation will protect you against liability for debts incurred by your husband after the effective separation date and the court will retain continuing jurisdiction over child and spousal support issues so you can seek appropriate support when your husband goes back to work. Support can also be set according to imputed income levels based on your husband's earning capacity in light of his education and experience. Family law matters can get complicated. You should consult an attorney to assist you. Feel free to contact me for additional help. My phone number is 415/364-1604.

Good luck!!!

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Answered on 3/08/04, 1:45 pm


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