Results 1 to 9 of 9

Hybrid View

  1. #1
    Join Date
    Jun 2014
    Posts
    7

    Default 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.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default 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.

  3. #3
    Join Date
    Jun 2014
    Posts
    7

    Default 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.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default 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.

  6. #6
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default 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.

  7. #7
    Join Date
    Jun 2014
    Posts
    7

    Default 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.

    1. Sponsored Links
       

Similar Threads

  1. Divorce: Mentally Ill Spouse Filed for Divorce
    By petertheil56 in forum Divorce, Annulment and Separation
    Replies: 20
    Last Post: 12-17-2014, 06:14 PM
  2. Property Division: Filed for Divorce, Spouse Won't Move Out
    By guy_on_a_fence in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 05-07-2013, 05:34 AM
  3. Divorce: Spouse Filed for Divorce, but Won't Negotiate for a Settlement
    By Want_to_move_on in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 07-09-2010, 07:28 AM
  4. Death of a Spouse After Long Separation, No Divorce
    By willkoch in forum Estate Planning, Administration and Probate
    Replies: 2
    Last Post: 04-19-2010, 08:47 AM
  5. Heirs and Beneficiaries: Spouse's Rights to Estate After Long-Term Separation but No Divorce
    By JustJulie in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 05-16-2009, 09:34 AM
 
 
Sponsored Links

Legal Help, Information and Resources