Legal Question in Family Law in California

The beginning of a divorce is pretty straightforward. Of course, the best choice is to hire a family law attorney, who will take you through the process smoothly. Family law, though, has many resources for people doing their own divorce. If you live in the indicated zip code, 92345, and want to handle the divorce yourself, I suggest that you start with the self-help section of the website for the San Bernardino County Superior Court, at http://www.sb-court.org. If you are in a different county, you can find the website for your court at http://www.courts.ca.gov/courts.htm.

Basically, you begin the process with filing a Petition and serving the Petition and other documents on your spouse.

Here are some important issues that you need to consider:

1. You may need a court order regarding where you and your spouse will live and how the custody of the children will be handled, while the divorce is pending. You can request these orders at the beginning of your case. Again, having an attorney would be best, but, if you want to try it yourself, use the self-help resources of the court.

2. Are you going to need a restraining order, because of your spouse's alcohol use? You can get that, also, at the beginning of your case, and the court's are equipped to help you with that paperwork. Remember, though, that a restraining order is nothing but a piece of paper. If you are truly concerned for your safety and the safety of your children, take steps beyond merely getting a restraining orders. You may want to get out of the home or get additional protection for the home.

As for separation, if you start the divorce (actually called "marital dissolution") you do not need to get a legal separation. The date of separation will simply be the date on which you separated. Sometimes, determining the date of separation can get complicated, but, it's usually a simple matter of the date on which one of the spouses moved out, with the intention of not getting back together.

Some people get a legal separation for religious or ethical reasons. Others get a legal separation because they have not lived in California long enough to get a divorce, here. There is no residency requirement (years lived here) for legal separation, as there is for a marital dissolution.

Bottom line: Marital dissolutions generally deal with only 4 issues: Status (getting a divorce): Support (spousal support and child support): Custody (of children): and Property (deciding what is community property and what is separate property and dividing everything up). These 4 issues can get complicated, though. So, having a good attorney can be very helpful.

You are welcome to contact me, if you want to follow up on this answer.

No need to file for legal separation - you can file for divorce right away. You should try to contact an attorney in your area for at least an initial consultation to see what steps need to be taken to get you out of there. There are foods stamps, medicaid, and other resources available if you are not working, so don't let the lack of money keep you and the children in a bad situation.