Legal separation a fix for California 6-month residency requirement

On behalf of Law Office of Ann A. Thomson, A Professional Law Corporation posted on Wednesday, December 12, 2012.

It seems that earlier predictions of actor Dennis Quaid’s legal separation turning into a divorce have come true. Earlier this month Dennis Quaid formally filed for divorce from his current wife. The official divorce documents were filed in a local California court and seek to terminate the couple’s eight-year marriage.

A couple of months ago the actor’s wife had filed legal separation documents in a California court. The legal separation documents can provide a date of separation for several purposes, including financial aspects, and include interim determinations on child custody. Although a legal separation divides property similar to a divorce, the couple remains legally married.

The actual divorce documents that were filed by Dennis Quaid in early December were not the first set of divorce documents filed between the couple. It was reported that in March 2012, Dennis Quaid’s wife filed divorce documents and later decided to retract the divorce documents and complete the legal separation documents.

During the couple’s eight-year marriage, the couple had twin sons who are now four years old. As stated in the divorce documents, Dennis Quaid is seeking joint physical custody and joint legal custody. In addition to the co-parenting request, the divorce documents also state Dennis Quaid is willing to pay spousal support to his future ex-wife.

Pursuant to California law, the couple’s divorce may not become official for several months. Although the couple did not continually live in California, the couple reportedly moved to California during the summer. In California, for a party to file for divorce the party may be required to be residents of California for six months. In some cases, the residency requirement is precisely why a temporary legal separation is sought prior to divorce. It allows for asset, support, custody and other protections while the couple waits for the residency time requirement to accrue.

Source: The Examiner, “Dennis Quaid divorce: Actor, wife end marriage again,” Effie Orfanides, Dec. 1, 2012
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