Doug,I will be heading home today, I was reading over my divorce papers and my husband had hired an attorney which he gave him a $500 deposit with a $4,500 balance. My question is if he has hired this man would he go through him to Request the Dismissal or would he personally go to the court to Request the Dismissal. He filed on the 8th and I was served on the 15th. If he has not Requested a Dismissal, should I get legal counseling right away as I believe I have 30 days from the date of the filing or the date I was served? I want desperately to trust my husband, but I have been gone for a week and is not the most honest person. I am afraid if he is not really going to Dismiss this, he is using the time to hide whatever he can. I do have copies of all his toys (boats, sand cars, motorcycles, freight liner, trailer, storage units, etc) Also many receipts. Yesterday on his email he was inquiring with the insurance company regarding renewal and he used me (Brenda) as the primary driver. On the divorce papers he claims we have been separated since February 2nd, 2012 which is a lie. I do not know if this makes any difference as the paper indicates that we have been married for 5 years and 2 months.I just want to have all the right answers so when I go home I know exactly what to do. I am dealing with a lot right now since my daughters surgery, the loss of my sister, not to mention having to help my mother. I truly appreciate your time
Country relating to Question: United States
State (if USA): California
Good morning,If the attorney filed the divorce suit with the court, the as the attorney of record for your husband, it would be only the attorney who had the right to file the dismissal. The court clerk would not accept a dismissal from your husband at that point.Yes, if a dismissal has not been filed you need immediate legal assistance. You have only 30 days after you were served to file an Answer.The date of separation in CA is an odd thing---and often difficult to ascertain. It does not meant that you live separate and apart---but that one party to the marriage feels that the marriage is over in their mind with no chance of being saved.In CA, the only really significant meaning related to the date of separation, is that after that date---all income and assets acquired by each party are their separate personal property---and NOT Community Property.So, look for any bonus or other asset that showed up a few days after the alleged separation and that may explain the date assigned to the separation.I hope that you found my answer informative, that you are accepting of my efforts and that you will rate my efforts based on the knowledge I have provided to you.I wish you the best in 2012.Thank you.Doug
How could the separation be in February when he is asking for Insurance renewals on the Freight liner using me his wife (Brenda) as the primary driver?
LOL Your asking the wrong guy! I certainly don't know what he was thinking.I hope that you found my answer informative, that you are accepting of my efforts and that you will rate my efforts based on the knowledge I have provided to you.I wish you the best in 2012.Thank you.Doug
Doesn't this totally establish the fact that we were not separated in February?
No, absolutely not. As I stated---separation is a matter of proving a thought---that the marriage is over and will not be resurrected. It has nothing to do with having you listed as a primary driver on a vehicle which is marital property until the divorce is final.You can argue that this incident goes to show that there was no separation at that time but it is not proof positive,Doug
27+ years legal experience. I remain current in Family Law through regular continuing education.
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