How soon can I file for divorce?

Asked over 4 years ago - Jackson, CA

Just seperated last night.. Can I file for divorce Monday morning or do we have to be separated for awhile first? IM worried he will empty our bank accounts, and incur more debt before I can get the divorce started. Been married 15 yrs, 11 months. Reason IM worried is about 12 yrs ago he ran up a bunch of bills then served me with divorce papers which obviously never went thru with as we are still married and have been together the whole 15 yr and 11 months with the exception of 3 weeks...

Attorney answers (4)

  1. Mark Brian Baer

    Contributor Level 14
    Best Answer
    chosen by asker

    Answered . For your information, the reason the attorneys are suggesting that you file immediately is because there are certain restraining orders placed on both of you once the case is filed and he is served. He will be in violation of such orders if he liquidates accounts or runs up such debt after being served.

    I have been answering many questions on AVVO and giving my opinion of what will occur if a matter went before a judicial officer based upon the facts as I understand them. However, I want to point out that such an opinion is based upon many factors, not the least of which is that the party have an experienced family law attorney representing them on the matter. If facts and issues of law are not properly placed before the court, the results could be very different than otherwise expected.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

  2. Pamela Koslyn

    Contributor Level 20

    Answered . Yes, get a family lawyer and get your petition filed today. You have to wait at least 6 months to get the divorce finalized, but you don't have to be separated any particular period of time to file.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  3. Michael Douglas Shafer

    Contributor Level 20

    Answered . Get an attorney forthwith and file asap. There are many good attorneys in the area from Roseville to downtown.

  4. David Alexander Browde

    Pro

    Contributor Level 20

    Answered . As has been stated by the first two attorneys, there is no reason to delay your filing, and plenty of reason not to.

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