LoveToKnow Divorce:AllComments

From LoveToKnow Divorce

Comments

Destiny,

You may be able to get help from Legal Aid or a community legal clinic. Your local Yellow Pages should have listings for these resources.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

i wish to file for a legal seperation but i am unemployed and have no assets. please help

-- Contributed by: destiny

Judy,

You and your husband can start to negotiate the terms of a legal separation before you move out, yes.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Can you file for a legal separation while still in the same house with each other? I need to get a few things in order and find a place to go, but want to file if possible.

-- Contributed by: Judy

Bruce,

You can use a form that has been downloaded from the internet if you like. If both people sign it, then it can be filed with the Court. A judge will still need to approve it before it is valid.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

can you download a legal separation form online and after it has been signed and notarized just take it to the courthouse and file it there. would it stil be legal

-- Contributed by: bruce

Samantha,

You may be able to put a legal separation in place during your pregnancy. The Court will need to be advised that you are pregnant and that the child is not your husband's. Please consult with a lawyer to get the appropriate advice for your situation.

Re the assumption of paternity law, I can certainly appreciate your point of view about it. My guess is that they were introduced during a time when illegitimate children were barred from inheriting from a parent's estate and this was thought of as a way to protect the child's interests. They probably should be overhauled to reflect the society we live in now.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

My husband and I have been non-legally separated for over a year and a half. We both have new partners. My legal husband had a vasectomy and we stopped having an intimate relationship years ago.I am currently however pregnant with my new partners child. I have recently discovered that because of being married and pregnant, in the state of california, I am not allowed to file for an uncontested divorce as we had been in the process of drafting up the papers. DOES THE SAME THING APPLY FOR LEGAL SEPARATION? am I not allowed a separation either because I am pregnant? I was told I would l have to go to court and prove paternity etc. if I try and divorce my husband while pregnant. He is already willing to sign any do...ent necessary to prove the child is not his and that he is sterile. My partner wanted to sign the "voluntary declaration of paternity" but once again, we were told he could not because I am still married and that only is for unmarried mothers.right now, we have been frustrated that I cannot but the fathers name on my child birth certificate because I am still married and that the child is Assumed through some " assumption of paternity" law ( archaic in my opinion and unfair to women) to belong to my husband. perhaps you can explain why is it that a married man can father and sign as many declarations for as he wants while still married for children he fathers outside of a legal marriage but a woman does not have the same rights to her own children? I cannot get a divorce but I want some legal way of getting the Child support and visitation issues worked out from my previous marriage before this baby in my new life is born. I want to be able to put the true fathers name on the birth certificate and not have to amend it because of an unfair law that dictates a married pregnant woman has no rights. please, your advice would be appreciated.

-- Contributed by: samantha

Denise,

You would have to take a look at the military benefits policy to see whether the pregnancy is still covered. Legal separation and divorce are two different things; the course of action you decide on would depend on whether you want to legally end your marriage or just to separate your assets. I would suggest that you consult with an attorney to get advice about your personal situation.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

If the wife is pregnant and the husband petitions for a legal separation or divorce, is the pregnancy still covered under the health insurance provided by the military? Would it be easier to just get a divorce since the steps are the same as a legal separation?

-- Contributed by: Denise

Nicole,

You can file for legal separation in California at any time, since there is no residency requirement for this. You would need to prepare or have a lawyer prepare a Summons and a Petition and file them with the Court. Once the do...ents have been filed, they need to be served personally on your husband. Anyone over the age of 18 can do this for you or you can hire a process server to look after this. Your lawyer or the Court Clerk's office may be able to suggest one. If not, then conduct an online search for a process server who works in the area where your husband is living.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

What if the respondent is in Georgia, and has been for the past 4 months. How do I get them served and can I file for legal separation when I am in California?

-- Contributed by: Nicole

Kayla,

If both people agree to the terms of the legal separation, then they both sign the papers. If they can't agree to the terms on their own, a judge can decide the terms of the separation for them.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

Do both of us need to sign the papers ??

-- Contributed by: Kayla
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