San Jose, CA asked in Divorce and Family Law for California

Q: Can you be legally separated and not know it?

Husband filed for divorce while I was visiting family. I came home and he told me. I haven’t seen the papers

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3 Lawyer Answers

A: People file divorce cases without first notifying the other party. After they file, they will then serve it. The served party will have 30 days to respond. You can hire a lawyer to at least consult about your options. Good luck with your case.

A: In California, legal separation is an option for married couples who do not wish to divorce but want to live apart and address issues such as division of property, child custody, child support, and spousal support. A legal separation allows the couple to formalize their living arrangements without ending the marriage, meaning they cannot remarry. It is often chosen for personal, religious, or financial reasons, such as preserving health insurance benefits or maintaining tax status. To obtain a legal separation, one spouse must file a petition with the court, and the court will issue orders regarding finances and child-related matters. Unlike divorce, a legal separation does not dissolve the marriage, and the couple can later choose to file for divorce if they wish to formally end the marriage. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

James L. Arrasmith
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Answered

A: In California, legal separation requires filing specific paperwork with the court - it's not something that can happen without your knowledge. However, your husband's divorce filing has initiated legal proceedings that you need to address promptly.

Once your spouse files for divorce, you should receive official court papers through proper service. If you haven't been served yet, the divorce process hasn't officially started for you, though your husband may have begun the process on his end. It's crucial to get copies of any filed documents from your local courthouse to understand exactly what's happening.

You should take immediate action to protect your rights. Contact your local court clerk's office to verify if divorce papers have been filed and request copies. Consider reaching out to legal aid organizations or consulting with family law attorneys who can guide you through this process. Remember, you have the right to respond to divorce papers once you receive them, and knowing your position early helps protect your interests.

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