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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33935
Experience:  Began practicing Family Law in 1992
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I live in Contra Costa County, California. I am wondering if

Customer Question

I live in Contra Costa County, California. I am wondering if I can file a legal separation ex parte? And, if so, how long the process is likely to take? The reason I ask is that I have started to file for a divorce but all forms have not been filed yet. I want to buy a home soon but the underwriter will not approve a loan unless I have a legal separation or divorce certificate and I’m trying to find the quickest way to proceed. Thank you.
Submitted: 2 years ago.
Category: Family Law
Expert:  JD 1992 replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.I'm a little confused by your question. "Ex parte" means without notice to the other side, and almost all lawsuits/divorces/separations are filed ex parte with the other side then receiving notice afterwards that the filing was done.You can't receive a legal separation ex parte, your spouse has to be served with a copy of the filing as well as given 30 days in which to respond.After that 30 day period you can then ask for a hearing or enter an order if you are an agreement as to everything.If everything is agreed it usually takes between 30 and 90 days to get an order of separation entered.
Expert:  JD 1992 replied 2 years ago.
The forms for filing for a separation are at Please ask any follow up questions in this thread.