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

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.

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Attorney answers 3


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: Consultation fees, rates and retainers vary based on need and ability to pay.


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.



Thank you. The courts say the motion was dismissed. Do we need to re-file? And I moved back into our home this month. We want to avoid the community property issues and keep the separation of assets. Is it a bad idea to live together if that is our goal?


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

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