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Hi, can you see this?
Great. Thank you for your question.
A legal separation is a formal process. It is not achieved by mere separation. One of the spouses must file for legal separation, and the other spouse must have the opportunity to respond in court.
Regardless of the fact that you have lived separately and had only limited communication for the last 15 years would not create a legal separation or divorce. You would still be considered married unless a court adjudicated you as divorced.
Well, I'm sorry to say that you would still be technically married, so if the lender wants proof of your divorce, you will have to wait 6 months.
That said, there is no wait period to get a legal separation.
A divorce can't be effectuated for 6 months after filing, but a legal separation has no restriction of that nature.
So if you want to hurry things along, you may want to legally separate now and change that to a divorce later.
Before I address the question of asset division, does my answer to that first part make sense?
Well, because the nuances of every case are different, you should not rely on this information as complete or advice without consulting in person with counsel, but that said, you're married until a court divorces you, and you are not legally separated until a court declares you legally separated.
Yes. Neither a legal separation nor a divorce requires two party consent. Only one person has to make the request.
I wouldn't describe it as "immediate", but there is no wait period. You still have to get the court's judgment, but it's not like with a divorce where you get the judgment and it doesn't go into effect until at least six months have passed.
Is that all clear? If so, we can move on to the discussion of assets.
Ok, so on to assets. Let's first discuss what community assets are...
Community assets are those assets acquired after the date of marriage and before the date of separation, except assets acquired by gift, devise, or bequest. Note that it includes assets acquired before the date of separation, not the date of legal separation. If a couple separates with either having the intent of not reconciling, the date of separation occurs at that time, even if legal separation occurs years later. So if you were married for 19 years and separated for 15, the community property assets would generally not include those assets acquired in the final 15 years, even though the couple was technically married.
That's likely why.
The court does have the power to order it. In California, "alimony" is called "spousal support", but they are the same thing.
Well, what harm would there be in trying? I probably set my expectations low, but it could give you some leverage to resolve the case.
*I would probably set me expectations low....
Well, not necessarily :-)
It somewhat depends on the tribe, but more importantly, where the debtor keeps his assets.
If you want the legal separation to rush through, I would encourage you to use an attorney to help with that process. I would also just check and make sure that you are satisfied with my help this evening. :-)
It was my pleasure. I wish you the best.
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