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what's the first step?

pillowblingpillowbling
in Single Parents
hey again. im trying to figure out the first legal step i need to take. obviously we will be getting divorced but i feel like thats something you do down the line? should i try to get custody first since we are separated? is an order of protection helpful in getting full custody? i dont think STBXH will contest giving me full custody since he has no clue how to take care of him, but i want it to be legal. advice please! thanks so much you girls are amazing!
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Re: what's the first step?

  • blondnearbyblondnearby
    Are you legally separated?  I filed for divorce and then custody and all of the other stuff followed, like division of assets, debt. etc.  If you are not legally separated I would file for that bare minimum to protect yourself.  And if you already know you will be filing for divorce then go ahead and file. In CA, when you file for divorce, legal separation is automatic.  I am not sure if this is the case in other states.  I just don't see the point in wasting money filing for legal separation and then divorce, if you already pretty much know it is headed towards divorce anyway.
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  • achase123achase123

    imageblondnearby:
    Are you legally separated?  I filed for divorce and then custody and all of the other stuff followed, like division of assets, debt. etc.  If you are not legally separated I would file for that bare minimum to protect yourself.  And if you already know you will be filing for divorce then go ahead and file. In CA, when you file for divorce, legal separation is automatic.  I am not sure if this is the case in other states.  I just don't see the point in wasting money filing for legal separation and then divorce, if you already pretty much know it is headed towards divorce anyway.

    This.  And I went to a lawyer before I knew I was going to file for sure and got legal advice-I think it was $75 for a half hour.

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