Horizons Law Group, LLC | Michelle B. Fitzgerald
Yes, an action under 767 can be filed without a divorce. Or you can file legal separation. It is not typical to file an action without a divorce, so you may find it difficult to find assistance or forms for it. So you may need to hire an attorney.
Answer Applies to: Wisconsin
Reeves Law Firm, P.C. | Roy L. Reeves
You have full custody based on your question. Are you asking if you can get custody orders without filing for divorce? If so, the answer to that question is "Yes". You simply file a Suit Affecting a Parent Child Relationship instead of a divorce. My question is why would you want to do this? Do you have religious beliefs that prevent you from filing for divorce? If so, I understand and respect that position. Otherwise, there is no benefit to being married to someone that is absent without the intent to return. There is some risk as well (though this example is a two way street): if you play the lottery and win, if you are still married, she can file for divorce and demand half of the winnings; your house and everything you buy during marriage is community property (even if bought what she is out of state) and subject to future division too. So remaining married means your community property continues to grow and her interest in that property along with it.
Answer Applies to: Texas
John E. Kirchner, Attorney at Law | John Kirchner
As a practical matter, you already have "full custody" until such time as your wife decides to return and assert her rights. There isn't anything else you can do other than divorce. The only way to sort out which parent has what specific rights is through a divorce case that allocates parental responsibilities in a written parenting plan that establishes the rules. Until there is a court order, there is nothing that says what specific rights you have.
Answer Applies to: Colorado
Michael D. Fluke, P.A. | Michael D. Fluke
You can enter into a written separation agreement, but why would you want to? Rarely is there an advantage to a separation agreement as opposed to a divorce unless you feel the marriage can be saved. If you do choose the written separation agreement route, I suggest you consult an experienced Family Law attorney to discuss you case in greater detail and learn all of your rights and options. Good luck.
Answer Applies to: Florida
Glenn E. Tanner | Glenn E. Tanner
"Custody" is a word without much precise meaning in Washington. You can get a parenting plan specifying how much access and rights each of you have to the children and what conditions there are to the exercise of those rights with a legal separation which is not divorce.
Answer Applies to: Washington
Michael Apicella | Apicella Law and Mediation
Yes. In California a parent can file certain papers with the court requesting custody orders, without filing for divorce. Call a local family law lawyer for help, or go to the court's legal self-help center. Good luck.
Answer Applies to: California
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Family Code Section 3120 provides that without filing a petition for dissolution of marriage or legal separation, either party may bring an action for the exclusive custody of the children of the marriage.
Answer Applies to: California
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
The two concepts are separate processes. You can file for custody without pursuing a divorce.
Answer Applies to: Pennsylvania