Hi all,

I'm new to the forum and I wondered if anyone could help me with a question...

I've been separated (physically but not legally) from my husband for over a year and a half. Completely amicable and I am only just now starting to look into what's involved in filing a divorce in CA.

My concern is two fold - one, I've been made aware of some debts that my husband has acquired in recent months and two, I am in the process of buying a property in the UK and although I trust that my husband wouldn't try to claim anything from me I'm only just now realising how his financial irresponsibility could become a problem as any debts he takes on will be seen as our joint responsibility and so I'm keen to separate our assets now asap.

I looked into the timeline for divorce and it looks like the minimum is 6 months. I wondered what the timeline is for a legal separation, and assuming this is shorter, whether it might be wiser to go for this route first as the most expedient way to try to protect my assets?

We have no children or shared assets .

Any help would be much appreciated - thanks!

bestofboth: My ex tried to buy a home while we were still legally married and had gone to divorce court but the divorce wasn't final yet (waiting period of time in MA not completed). My Lawyer told me I was to have nothing to do with the buying of the house (they were seeking a credit check since we were still legally married). Check the divorce laws in CA on line. I live in MA. Had my ex (and I, since we were still legally married) bought the house, I would have been financially responsible for the house. He was later laid off! If you do not already have a Lawyer, get one ASAP. My ex was $20K in joint credit card debt at the time he filed. Nearly all the debt was his so he had to pay it off himself. My Lawyer told me to cancel all joint ventures, i.e., joint credit card, joint line of credit, joint bank account (there was none) to protect myself financially and this is when we were separated. Hope this helps. Best wishes.

In the state I live Legal separation happens as soon as you file for divorce. In it was wording that stated from this point forward each of us was responsible for our own finances. We were not allowed to use any credit cards that were in both of our names. Unfortunately you nay have issues with anything that he has done up to this point (however you can ask in the divorce for him to release you from being financially responsible for them). His choices may make it hard for you to purchase anything until the divorce is final however you can also ask for him to have to sign off on a property purchase that you make before the divorce is final. My ex signed a Quit Claim Deed on property I bought while we were married and made me sign one on property he bought just before we got divorced. If you can financially afford to buy the property on your own make sure he has to sign something like this (it gives him NO Claim to it). Good Luck.