Legal Question in Family Law in California

My husband moved out of our home about 3 weeks ago. Neither of us having filed for divorce yet. He is working full time with overtime needed almost every week. I was laid off from my job 3 months ago and am still just receiving unemployment. Is it possible for me to apply to the courts for emergency spousal support without having filed for divorce yet? Thank you for your help.

Asked on 6/13/13, 8:29 am

3 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

No. You can file for emergency support at the same time as filing for divorce but not before.

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Answered on 6/13/13, 10:00 am

Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick, there is no separate way to get temporary spousal support without first filing a petition for dissolution and making the request as part of that case.

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Answered on 6/13/13, 11:52 am
John Laurie Gertz and Laurie

You would do both at the same time.

This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter hiring me or my firm.

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Answered on 6/13/13, 10:36 pm

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