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I live in the state of California. My husband and I have had

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I live in the state...
I live in the state of California. My husband and I have had different financial comfort levels regarding debt & spending. I love him but the man can't even do the basic math of keeping a checking account in the positive. I'm very nervous as he will be working out of state for next 2 years and will need to be responsible about paying his own bills ect-in addition i'm tired of carrying the burden of being his finanical "mom". Is it possible in CA to financially divorce/separate so I won't be liable for any screw ups he makes while he is away. I work & make the majority of our income and we have a 4year old.
Submitted: 7 years ago.Category: Family Law
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Answered in 7 minutes by:
6/1/2010
Family Lawyer: Law Educator, Esq., Lawyer replied 7 years ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 121,086
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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There are several ways to do this. One is to hire an attorney to draft an "ante-nuptial agreement' establishing a separate property regime and notifying all of your creditors that as of the specific date you have a separate property regime. This would not have any impact on any contractual agreements you have entered into with any existing creditors for money you already owe. This will not necessarily prevent creditors from trying to pursue you for new debts he has created, but your agreement establishing separate property would make the debts his alone and not community debts.

The other alternative is to file for legal separation which terminates the community property regime as of the date you file. Again, this does not help with any debts already established.

Finally, you can file for divorce. Again, it would not help with any debts already established, but it would stop any new debts he creates from being your liability.


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Law Educator, Esq.
Category: Family Law
Satisfied Customers: 121,086
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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