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I have decided to divorce due to my wife's infidelity, but I…

I have decided to divorce...
I have decided to divorce due to my wife's infidelity, but I can't seem to move forward because I feel like I will lose everything I've been working for. I put 87,000 down on the home. I bought the house in 2015 and my wife wanted nothing to do with the house, she didn't want to have her name on the mortgage etc., but she agreed to live there. I went through with the purchase, without her on the mortgage, and we moved in. In February of 2017, I refinanced and she did a lot of the paperwork and put herself on the mortgage. She is manic and doesn't always take her meds and had a manic episode in the summer of 2015. I don't know how to proceed but I'm trying to get an idea of my legal options. Would legal separation be a good idea to get things rolling? I believe living apart is good now because of the anger in the situation and also am very concerned about my dog. He is her dog as well, and I know she won't want to let him go, but I am also afraid she may hurt him. Would it be a bad idea to send him to stay with family out of state until this situation is more settled and we are living apart? Is there a legal custody agreement I can ask for for my dog? I'm all over the place on this, sorry for my confusion, it's been tough.
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Answered in 6 minutes by:
1/7/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,870
Experience: Experienced Family Law Attorney
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I'm terribly sorry to hear this. Can you tell me what state this is in please?
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Customer reply replied 1 month ago
California, thank you.
Thank you.
California does allow for legal separation and some people will choose this option for religious reasons or because they do not intend to remarry and would like to stay for various reasons (including health insurance). I will get you some information on that shortly.Once a petition for divorce or separation is filed then the court has jurisdiction to determine property issues and spousal support issues if applicable. And CA has been very progressive in regards ***** ***** custody cases. Courts will decide which party should have custody or if it should be shared, along with who is responsible for the various costs.
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This explains the differencehttp://www.courts.ca.gov/selfhelp-divorce.htmPlease note that filing for legal separation does not automatically convert to divorce should the spouses decide to go that route. A petition for Dissolution would then need to be filed. But many people find that it is an emotional stepping stone so to speak. Either process can be dismissed shold the parties reconcile.
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,870
Experience: Experienced Family Law Attorney
Verified
LegalGems and 87 other Family Law Specialists are ready to help you
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Customer reply replied 1 month ago
Thank you so much, this is very helpful to know as I begin to make decisions about my situation. I appreciate your assistance, thank you.
Customer reply replied 1 month ago
I just realized I had a follow-up question. If my spuse and I were to agree on how to divide our property or any assets (we don't have a lot of assets other than the house we have a mortgage on) as well as custody of our dog, would it be necessary for the courts to be involved in deciding anything else in these matters other than finalizing the divorce?
Thank you for the positive rating.If the parties come to an agreement they can "stipulate" to it so the court can then incorporate it into the decree so it has full legal effect. Often times if the parties agree on most topics they will try and resolve remaining issues with mediation. Most courts have a list of court approved mediators. This is less antagonistic than litigating the issue.If you have questions in the future feel free to request me by putting toCustomerin front of the question and I will do my best to get you the information! Thank you.
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Customer reply replied 1 month ago
Thank you so much, this information has been extremely helpful, I greatly appreciate it. Thank you again.

You are very welcome; I certainly wish you the best during this process as I know how difficult it can be.

Take care.

Thank you for using Just Answer! It has been my pleasure to provide you with the information requested. If you have further questions I can be requested by putting To Legal Gems in front of the question and I will do my best to get you the requested information. Thank you!

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LegalGems
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