My wife and I filed for legal separation in June 2005. Do we have to renew that legal separation?

Asked 10 months ago - Anaheim, CA

My wife and I legally separated in June 2005. We had an attorney that assisted us in this action. We have been told that since it has been more than five years and we did not dissolve the marriage through divorce that we have to re-file the legal separation. Is that true? I have some debt issues that we do not want to attach to my wives assets.

Attorney answers (3)

  1. Michael Charles Schwerin

    Contributor Level 17

    5

    Lawyers agree

    Answered . You need to check the court file and find out the status of that case. Was the case completed? Was there a Judgment of Legal Separation entered? If there is no judgment, the case may have been dismissed or it may not have been. Each county has different procedures. The only way to know is to check the court file. If there is a Judgment, you do not have to re-file anything. If there is no judgment and it has not been dismissed, then you can probably proceed in the same case. Check the court file.

    Michael Schwerin, San Jose, California phone: 408-295-4232 email: schwerin@ix.netcom.com. Consultation fees,... more
  2. Scheherazade B Rastegar-Djavahery

    Contributor Level 14

    3

    Lawyers agree

    Answered . I agree with counsel. Check the court file to see whether there was a judgment. Please see the link below to read more about the differences between divorce and legal separation. Good luck.

  3. Annette L Goudy

    Contributor Level 15

    2

    Lawyers agree

    Answered . If the case was resolved with a Judgment of Legal Separation, then likely nothing needs to be done.

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this... more

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