I filed for dissolution of marriage and my spouse later files for legal separation will this hold up? what will the outcome be?

Asked about 2 years ago - Sacramento, CA

My spouse and I went our separate ways in March of this year. i have resided here in HI for 4 months and my spouse has resided in CA for 6 months. I filed a dissolution of marriage to get the process rolling here in HI, so that it would be ready by our 6 month mark. she then later files a legal separation with state of CA...is she allowed to do so even though I already filed for divorce?? Also, we have a property settlement and separation agreement in which both parties signed and it was notarized. now in her legal separation she is requesting that I pay her legal fee's and her student loan in which is in her name and she had b4 marrying me. Also she would like half of what my vehicle is worth...all loans on my vehicle is in my name. Is this worth fighting?and what are my odds of wining?

Attorney answers (1)

  1. Nicholas Basil Spirtos

    Contributor Level 20

    Answered . There are quite a few questions here.
    Generally speaking, a dissolution action must be filed in the place where the parties resided for the prior 6 months. There may be a different rule in Hawaii, so I cannot comment on that. If you resided in California, then the proper state for filing might be California, not Hawaii.
    Only you can determine whether it is worth fighting, but if you do not respond, you run the risk of losing your rights or having orders entered against you.
    Take your papers and the ones from the California case and consult with a local family law attorney.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Deciding between a Divorce and a Legal Separation

A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.

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