Legal Question in Family Law in California

My wife and I filed for a legal separation 1 1/2 years ago. 6 months later we tried to reconcile and it did not work. Is the legal separation still valid? If our ten year anniversary i coming up, are we still considered married and will she be able to claim lifetime alimony and access to my social security? Or does the legal separation protect me under those circumstances? Shawn


Asked on 5/20/10, 8:59 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

If you have filed for separation and then reconciled, you would then have a new date of separation when you finally go forward again with finishing up your separation. If the separation went through and you are legally separated then all of your issues are completeted presumably. Alimony is complex and your wife would have an ability to claim it regardless if it was 10 years or not. There is no straight and hard 10 year rule for life time alimony.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 5/25/10, 11:49 pm


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