QUESTION: I have been married for 10 yrs. My husband and I have agreed to separate in a matter of 6 months. In the event I want to move out before that time, would I be affected in any way at the time our divorce is finalized? I did file a report on spousal abuse but neither party pressed charges. Would it be in my best interest to file a legal separation?
MY RESPONSE:
Given that you address “divorce” in your question, it appears that you may be confused about Legal Separation.
It would be in your best interest to file for a Dissolution of your Marriage (Divorce), not a Legal Separation.
You would remain married to your husband after a Legal Separation, which would divide assets and award support if appropriate, but it would not dissolve your marriage.
Separation is different from Legal Separation.
You can "Separate" from your husband at any time, by moving out or otherwise telling him that your marriage is over.
If you want to get out of your marriage, file for a Divorce.
You can do that without moving out, if you so wish, although you might be more comfortable living separately from your husband during the divorce proceedings.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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