Q: Married but living separately in California
My dad and his wife are married but do not live in the same house. This has gone on over a year; what can be done about this? She does not seem interested in repairing their relationship
A: He will probably want to file for dissolution of marriage (divorce) instead of legal separation with the court (Hemet if that's where they're living). If they don't want to go to counseling to try and fix the relationship, divorce is likely the way to go. There are forms to fill out. The self-help center can help, but I hear from some people that they didn't feel like it was very helpful. If the parties are in agreement, a lawyer can be hired on a limited scope basis to prepare the forms at a reduced rate. If your dad has property with his wife, they will need to divide community property and keep their separate property. One spouse may ask for spousal support. These cases can be simple without many assets to very complex. Your dad should seek a consultation with a family law attorney, especially since many lawyers offer a free initial consultation.
A: Perhaps counseling or divorce mediation are appropriate here. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
