Legal Question in Family Law in California

im seperated from my wife we have no kids ive been living on my own for 3 years and now i wish to remarry i need my status of single person but my ex now wants half of all i have now. I left 3 years ago with the clothes on my abck everything i have now ive bought with my money seperately from her what do i do


Asked on 6/27/12, 2:45 pm

3 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Your wife is not entitled to what you currently own if purchased after separation unless you purchased items with community property. I suggest you retain an attorney and make her a reasonable offer.

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Answered on 6/27/12, 2:49 pm
Michael Schneider Family Law Center

I would begin by filing for divorce. In order to get the clock ticking, you need to begin at least by having the divorce filed and have her served. If she is being so unreasonable as to ask for some things that she is not entitled to, then you may very likely need to find yourself competent local legal counsel that specializes in family law. Good luck!

www.FamilyLawCalifornia.com

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Answered on 6/27/12, 3:17 pm

Just to clarify Mr. Schneider's answer, the reason the clock needs to be ticking, is that the earliest you can get a judgment of divorce, by law, is six months after the responding party is served by the party who files the petition for dissolution of marriage. Just filing isn't enough; you have to serve them and file the proof of service. The six months then ticks off from the date of service.

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Answered on 6/28/12, 2:42 pm


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