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?

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2 Lawyer Answers
Lorna M. Jaynes
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Answered
  • 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
Answered
  • 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.

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