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Can You File for Separation After Your Spouse Has Filed a Divorce Case

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  • 02-01-2015, 09:02 PM
    wintergirl
    Can You File for Separation After Your Spouse Has Filed a Divorce Case
    My question involves a marriage in the state of: California

    Can I file legal separation if my husband has filed dissolution of marriage 3, 5 months ago?

    I'm living in another county far away from where he filed, I cannot travel.

    He hasn't served me with the papers because I'm hiding from him.

    - - - Updated - - -

    Also, how to find out if the divorce was published.
  • 02-01-2015, 09:35 PM
    adjusterjack
    Re: Can You File for Separation After Your Spouse Has Filed a Divorce Case
    Quote:

    Quoting wintergirl
    View Post
    My question involves a marriage in the state of: California

    Can I file legal separation if my husband has filed dissolution of marriage 3, 5 months ago?

    I'm living in another county far away from where he filed, I cannot travel.

    Seems superfluous to file for separation when you are already separated and he's filed for divorce. What good would it do you?

    Quote:

    Quoting wintergirl
    View Post
    I'm living in another county far away from where he filed, I cannot travel.

    Then let it go to default.

    Quote:

    Quoting wintergirl
    View Post

    He hasn't served me with the papers because I'm hiding from him.

    That doesn't make sense. You seem to want the divorce. Why are you hiding from him? If you're afraid of violence then hire yourself a lawyer and let your lawyer accept service on your behalf.

    But use a little common sense here. Sooner or later your address will appear in the divorce file so you might as well get it over with.

    Quote:

    Quoting wintergirl
    View Post

    Also, how to find out if the divorce was published.

    What do you mean by "published"?

    Whatever you need to know you can learn from reviewing the case file that's been set up at the courthouse. If you can't travel you can pay the copying and mailing fees by check or credit card and have the file sent to you.
  • 02-02-2015, 08:28 AM
    wintergirl
    Re: Can You File for Separation After Your Spouse Has Filed a Divorce Case
    Quote:

    Quoting adjusterjack
    View Post
    Seems superfluous to file for separation when you are already separated and he's filed for divorce. What good would it do you?



    Then let it go to default.



    That doesn't make sense. You seem to want the divorce. Why are you hiding from him? If you're afraid of violence then hire yourself a lawyer and let your lawyer accept service on your behalf.

    But use a little common sense here. Sooner or later your address will appear in the divorce file so you might as well get it over with.



    What do you mean by "published"?

    Whatever you need to know you can learn from reviewing the case file that's been set up at the courthouse. If you can't travel you can pay the copying and mailing fees by check or credit card and have the file sent to you.

    There is no way to reach the court on the phone and I don't know how to obtain the case file without traveling.
  • 02-02-2015, 08:37 AM
    Mr. Knowitall
    Re: Can You File for Separation After Your Spouse Has Filed a Divorce Case
    If the other county is a proper venue for the divorce case, with your not being served because you're hiding from service, all that your filing a new action is likely to do is to cause you to incur filing and service fees, only to be hit with a motion for change of venue to the location of the already-pending divorce case.

    If you want to deal with a divorce case in a different county while trying to keep your location secret, you should retain counsel.
  • 02-02-2015, 09:20 AM
    adjusterjack
    Re: Can You File for Separation After Your Spouse Has Filed a Divorce Case
    Quote:

    Quoting wintergirl
    View Post
    There is no way to reach the court on the phone and I don't know how to obtain the case file without traveling.

    I find it hard to believe that there is no phone number for the court's records department but if that's really the case, then go on the court's website and find out how to order the records by mail.
  • 02-02-2015, 09:31 AM
    CourtClerk
    Re: Can You File for Separation After Your Spouse Has Filed a Divorce Case
    Quote:

    Quoting adjusterjack
    View Post
    I find it hard to believe that there is no phone number for the court's records department but if that's really the case, then go on the court's website and find out how to order the records by mail.

    Many of the CA courts stopped taking phone calls years ago, and those departments that do take phone calls only take them about 4 hours a day. It makes it almost impossible to get in touch with someone.

    However, you can order a copy of your case file by mail. You can send in a blank check with the words not to exceed (pick an amount about $20.00) and include a self addressed stamped envelope. They can mail you the documents. Some counties have also imaged their documents so you can see if they're available online.

    However, if he filed for divorce and you want to file for legal separation, the court is going to divorce you because he doesn't want to be married, nor should he if you're "hiding" from him.
  • 02-02-2015, 11:58 PM
    wintergirl
    Re: Can You File for Separation After Your Spouse Has Filed a Divorce Case
    I only wanted to file for legal separation because I thought I haven't lived in another county long enough. It seems I can file divorce.
  • 02-03-2015, 01:16 AM
    Dogmatique
    Re: Can You File for Separation After Your Spouse Has Filed a Divorce Case
    Your husband has already filed elsewhere. Hon, I know you're desperate but you've still got to follow the law. If you can't do this - and I'm not sure you can - then you're going to have to sell something, borrow something, or do whatever it takes. Your husband also has rights, and you can't walk over his because you're not sure about what you're doing.

    Did you check the resources Mr KIA gave you in your other thread?

    - - - Updated - - -

    You noted that you aren't American. Did your husband sponsor you to come here? The answer might make a huge difference.
  • 02-15-2015, 02:43 PM
    wintergirl
    Re: Can You File for Separation After Your Spouse Has Filed a Divorce Case
    To admin:
    Please delete all amy threads.
    Thank you!
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