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Tina
Tina, Lawyer
Category: Legal
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Experience:  JD, BBA Over 25 years legal and business experience.
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Does filing a legal separation from your spouse in California

Customer Question

Does filing a legal separation from your spouse in California protect your assets if the astrainged spouse is sued ? Are you still liable with your half of the joint assets?
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.
In California, there is a difference between a "legal separation" and being 'legally separated."A legal separation is a formal court process dividing the parties' assets, but not dissolving the marriage as discussed above.Being legally separated is the date that one spouse decides, once and for all, that he/she no longer wants to be married, and that there is nothing anyone can do or anything that can happen that can change his/her mind. The date is the parties' date of separation.On the date of separation, whether or not a legal separation has been filed, the parties stop being husband and wife. Any debts incurred after that date are the sole responsibility of the spouse who incurred them. Any assets acquired after that date are solely owned by the spouse who acquired them.