Chatsworth, CA asked in Domestic Violence and Family Law for California

Q: I left my husband of not even 5 years in 2011 because he was extremely abusive. He was arrested for beating me up and

I left him on that same day & came back to California from Arkansas. I have not seen him since. I've only spoke to him on the phone a couple of times when we had deaths in our families and that's it. I still talk to my step daughter occasionally though . Am I legally separated because the years I've been gone outweigh the years I was with him? Or is that something that I still have to go to court for? In what state do I file in?

Related Topics:
2 Lawyer Answers
Lorna M. Jaynes
Lorna M. Jaynes pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Palo Alto, CA
  • Licensed in California

A: You are not legally separated. You can file in California since you have lived here at least six months and file in the county you have lived in for the last three months.

1 user found this answer helpful

Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: Since you are living in calif for over 6 months i would try to file here.

why are you not filing for divorce?

you are separate but not legally separated.

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.