filing for legal separation

[searching 4truth]

Jurisdiction

California

Is it possible to file for legal separation in the state of california without knowing your spouses where-a-bouts?
I know that the process of divorce is painstaking and drawn out. living below the poverty line and not being able to afford representation if I simply want it to be legally documented that we are no longer together can getting a legal separation be a first step if your spouse is missing?

 

[army judge]

Is it possible to file for legal separation in the state of california without knowing your spouses where-a-bouts?
I know that the process of divorce is painstaking and drawn out. living below the poverty line and not being able to afford representation if I simply want it to be legally documented that we are no longer together can getting a legal separation be a first step if your spouse is missing?

A person's marital status has nothing to do with the person's legal status to enter upon or remain in the United States.

In CA, a person can easily file for a divorce, even if the person doesn't klnow the whereabouts of the spouse.

The allows for several ways to serve the spouse by publication.

You can search for "do it yourself divorce in YOUR COUNTY, CA and service by publication"

 

[zddoodah]

Is it possible to file for legal separation in the state of california without knowing your spouses where-a-bouts?

Yes. Filing only requires that you (or your attorney) prepare a petition for legal separation, sign it, and present it to the clerk of the court along with the $435 filing fee. You will, of course, then need to serve or attempt to serve the summons and petition your spouse, which will require that you locate or attempt to locate him/her.

By the way, why do you want to file for legal separation, rather than divorce?

I know that the process of divorce is painstaking and drawn out.

It is? How do you know that? Do you think it's more "painstaking and drawn out" than the process of legal separation? If so, why do you think that?

I simply want it to be legally documented that we are no longer together

There's no such thing as "legally document[ing] that [you] are no longer together."

can getting a legal separation be a first step if your spouse is missing?

A legal separation is an alternative to divorce. It does not terminate the marriage, but it does allow for division of community property, the termination of the marital community, and the award of spousal and/or child support (as well as determinations regarding child custody and visitation, if applicable). Legal separation is typically preferred by two types of persons: (1) persons who oppose divorce on religious grounds; and (2) persons who want to maintain health insurance for a spouse. The latter scenario often comes up when one spouse has health insurance through an employer and the other spouse has a pre-existing condition (e.g., cancer) that will prevent him/her from obtaining other health insurance in the event of a divorce.

Not knowing where your spouse is has no bearing on whether you seek a divorce/dissolution or a legal separation. Either way, you'll need to make attempts to locate your spouse in order to serve him/her.

 

[adjusterjack]

Is it possible to file for legal separation in the state of california without knowing your spouses where-a-bouts?

Separation and divorce have similar degrees of difficulty (or simplicity depending on how you look at it.)

CA has great self help information on its court website. Check it out. There's all sorts of forms and instructions.

Divorce or Separation - divorce_or_separation_selfhelp

If you cannot locate your spouse (after due diligence), you can ask the court for permission to serve by publication.