QUESTION

Do I have to start over with the separation in order to get a divorce ASAP?

Asked on Apr 11th, 2013 on Divorce - California
More details to this question:
I want to file for a divorce and cannot afford an attorney. My husband and I have been separated since 1/4/10 (no sex, no marriage) but our home is my legal residence. I recently returned from Afghanistan and want to proceed with the divorce. We are living in the same home but separately sleep on the couch.
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4 ANSWERS

Family Law Attorney serving Temecula, CA at Landon Rainwater Robinson LLP
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Do you have a legal separation, meaning you have a judgment entered? If yes, you now would need to file for termination of status. If nothing has been done in the courts you will need to file for divorce. If you are both in total agreement file an uncontested divorce you both sign off and your done. However, the date when status terminates will be six months and 1 day from when your spouse was served. If you plan to do this yourself, visit the court facilitator's office for help.
Answered on Apr 14th, 2013 at 8:15 PM

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Travis Christiansen
You can start right with the divorce. There is an online resource called OCAP on www.utcourts.gov that may be of help.
Answered on Apr 11th, 2013 at 8:48 PM

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Go to your local Family Law Court, most will have a self help area. They people there can help you with which forms you need to fill out, but cannot give any legal advice. If you want documents prepared for you and believe you can settle things without having the court have to decide the issues, many attorneys, such as myself offer document preparation services, which are much less expensive than full representation. However, if there are disputes as to any issues which will require court intervention and orders (child custody, visitation, child support, spousal support, division of assets, division of debts, etc.), then you may want to invest in an attorney to represent you in your case and to protect your long term interests.
Answered on Apr 11th, 2013 at 1:55 PM

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You need to talk to an attorney about whether it would be better to use the 2010 separation date or a more recent date. The rationale would be specific to the facts in your case. Pay for a consultation and then decide what date to use.
Answered on Apr 11th, 2013 at 1:55 PM

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