Legal Question in Family Law in California

Re: How do I legally seperate

First, figure out what it is you want. Usually people who file for a legal separation do so because they have property or child support or custody issues but they don't want to be legally divorced (e.g. for those who consider divorce to be sinful). Next, figure out what your spouse wants and whether he or she agrees with you. The process is much easier with a cooperative spouse. Then, you can figure out what the issues are, file a petition for a legal separation, pay the filing fee, obtain a summons, have your spouse legally served, file and serve various pretrial motions, wait six months, have the case set for a hearing, file a proposed judgment, and a notice of entry of judgment, and various and sundry other paperwork. Probably you will find it a lot simpler and less aggravation to hire a lawyer to do all of the above things, especially because you might screw up and have your paperword rejected by the clerk (at best) or seriously mess up your life (at worst). Make sure you update your will, I once had a client who dropped dead right before his divorce was final -- with unfortunate results.

Reply: How do I legally seperate

You can obtain the paperwork from the court or internet and fill them out yourself, you can hire a paralegal assistant to assist you or you can hire a lawyer to do the work for you. You should consult with a lawyer first just to ascertain the specific differences for you between a legal separation and a divorce.

You might find some of the articles at my web site to be informative on these issues.

Good luck to you.

Brian Levy, Esq.

www.calattorney.com

Re: How do I legally seperate

Are you sure that you understand what a legal separation is and the difference between a legal separation and a divorce?

There are books available which will walk you through the process of divorce or separation. However, I reiterate, you need to know what you are doing.

If there are children or property involved, then I would strongly recommend that you retain the services of a competent attorney. The legal fees you incur will be money very well spent.

If you insist on acting for yourself, then forms are available to you through the courts and there is a great deal of information available on the internet. You should spend some time familiarizing yourself with the system before embarking on this journey.

Regards, Damian Nolan.