QUESTION
Can a couple that is legally separated still stay in the same house in state of California?
Asked on Jan 21st, 2013 on Divorce - California
More details to this question:
Also after getting separated is there a wait time to file for divorce?
6 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Yes you can stay in the same house. There is no time limit for filing dissolution.
Answered on Jan 22nd, 2013 at 6:53 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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The house isn't decided until time if trial so many couples stay in the same house after separation for financial reasons. There is no wait time to file for divorce. But being in the same house wiki affect spousal support and for now none may be ordered.
Answered on Jan 22nd, 2013 at 4:28 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Yes. You don't have to be legally separated to get a divorce (they are different actions in court) and there is no legal requirement that the parties physically live separate to get a divorce, but continuing to live together can cause problems relating to the date of separation. There is no waiting period in some states before filing for divorce, provided that the residency requirement is met (one of the parties must be a resident of the State for six months before filing, and a resident of the County of filing for the last 3 months).
Answered on Jan 22nd, 2013 at 4:28 PM
There is no waiting period for filing for dissolution once you have separated. However, proving separation while staying in the same house can be difficult. You should obtain a court order which allows both to remain in the house during the pendancy of the court action.
Answered on Jan 22nd, 2013 at 4:27 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Yes, you may be Legally Separated, but stay in the same home. No, there is no required time span necessary before filing for Dissolution (divorce). Once you file for Dissolution, the mandatory 6 month waiting period will begin the day after your spouse is served with the Dissolution court paperwork.
Answered on Jan 22nd, 2013 at 4:27 PM
Yes you can live together. It takes a minimum of six months to terminate the marriage
Answered on Jan 22nd, 2013 at 4:27 PM