• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Legal Separation Possibilities

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

DGSky

Member
CAlifornia:

My wife and I have been separated nearly one year and she left behind our 12-year-old daughter. This is basicaly abandonment since she rarely sees her daughter and left behind her own son as well.

She has said on many occasions she does not want to have to pay child support and therefore does not want anything to do with our house (which she signed a quit claim deed when we purchased) and does not want spousal support. She also does not want to involve attorneys.

My question is this: I do believe my daughter should be supported by her mother to some degree. Would filing for an immediate LEGAL SEPARATION to state she is waiving the house and spousal support permanenetly and with no rights to change this status, and declare I am not seeking child support due to her present financial situation allow me to later file for divorce and request child support without having to worry about the house and spousal coming back into play?

Thanks for any all and insight!
 


I AM ALWAYS LIABLE

Senior Member
DGSky said:
CAlifornia:

My wife and I have been separated nearly one year and she left behind our 12-year-old daughter. This is basicaly abandonment since she rarely sees her daughter and left behind her own son as well.

She has said on many occasions she does not want to have to pay child support and therefore does not want anything to do with our house (which she signed a quit claim deed when we purchased) and does not want spousal support. She also does not want to involve attorneys.

My question is this: I do believe my daughter should be supported by her mother to some degree. Would filing for an immediate LEGAL SEPARATION to state she is waiving the house and spousal support permanenetly and with no rights to change this status, and declare I am not seeking child support due to her present financial situation allow me to later file for divorce and request child support without having to worry about the house and spousal coming back into play?

Thanks for any all and insight!



My response:

You have so many intertwined issues that it would be impractical and impossible to help you on an Internet forum. It would take pages and pages of discussion and explanation. See a local Family Law attorney, immediately.

IAAL
 

DGSky

Member
I spoke with an attorney in the past who suggested I go ahead and file for the divorce, secure sole ownership and the house, end all possibility of spousal in the future, and indicate due to the mother's financial status that I am not requesting child support.

The attorney then indicated I wait until the divorce is final six months later and then request childsupport.

Is this a viable alternative?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top