How to Get a Legal Separation in California

For couples in California considering a change in their marital relationship, legal separation presents a distinct alternative to divorce. This process allows partners to formalize their separation while navigating the complexities of their shared lives and finances.

Defining Legal Separation in California

Legal separation is a formal court process that allows spouses to live apart and separate their finances, property, and parenting responsibilities without ending the marriage. Unlike a divorce, which legally terminates the marital status, a judgment of legal separation keeps the marriage intact. This means that neither party can remarry or enter into a new domestic partnership unless they later pursue and finalize a divorce.

While the procedural steps are nearly identical to those for a divorce, the fundamental outcome is different. The marriage continues legally, which can be a significant factor for couples who are not ready to dissolve their union but require formal arrangements.

Common Reasons for Legal Separation

Couples in California choose legal separation over divorce for various personal, financial, and religious reasons. A primary motivation is the desire to maintain health insurance coverage for one spouse under the other’s plan, as some policies permit this for legally separated spouses but not for divorced individuals.

For others, religious or personal beliefs may create an objection to divorce, making legal separation a more acceptable path. A legal separation can also serve as a temporary measure while a couple considers reconciliation, providing legal and financial protection. It is also used when couples do not meet the state’s residency requirements for a divorce, allowing them to establish court orders without delay.

California Residency and Eligibility Rules

To file for a legal separation in California, at least one spouse must reside in the state. Unlike divorce, there is no minimum time requirement for this residency. This is a distinction from the state’s divorce requirements, which mandate that one spouse must have lived in California for at least six months and in the county of filing for at least three months.1FindLaw. California Code, Family Code – FAM § 2320

This accessibility makes legal separation a practical first step for couples who have recently relocated and need immediate court orders. The only other eligibility requirement is a valid marriage or domestic partnership. If the parties later decide to divorce, they can amend their case after meeting the state and county residency rules.

Key Issues Resolved by Legal Separation

A judgment for legal separation provides legally enforceable orders on the same issues decided in a divorce. The court will establish orders for child custody and visitation, creating a parenting plan that outlines each parent’s time with the children and decision-making authority.

The court also makes determinations regarding financial matters. This includes calculating child support based on state guidelines and potentially awarding spousal support. Furthermore, the court will divide the couple’s community property, which includes all assets and debts acquired during the marriage.2California Public Law. California Family Code Section 760

Preparing Your Legal Separation Forms and Information

Before initiating a legal separation, you must gather information and complete several court forms. These require personal details, information about your children, and the orders you are requesting regarding property and support. Both parties must also exchange comprehensive financial information, so gathering pay stubs, tax returns, bank statements, and property deeds beforehand is necessary to complete these disclosures accurately.3FindLaw. California Code, Family Code – FAM § 2104

Key forms include:

  • Petition — Marriage/Domestic Partnership (FL-100)
  • Summons (Family Law) (FL-110)
  • Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (FL-105), if you have minor children
  • Declaration of Disclosure (FL-140)
  • Schedule of Assets and Debts (FL-142) or Property Declaration (FL-160)
  • Income and Expense Declaration (FL-150)

The California Legal Separation Process

Once initial forms are completed, the process begins by filing the Petition and other required documents with the superior court. The next step is to formally notify your spouse through service of process, where a third party delivers copies of the filed documents. The served spouse has 30 days to file a Response (FL-120) with the court.

Following the initial filing and response, both parties must complete and exchange their preliminary declarations of disclosure. Many couples negotiate and sign a marital settlement agreement that resolves all issues, which is then submitted to the court. If an agreement cannot be reached, the parties may attend hearings or a trial for a judge to decide the matters. The process concludes when the court signs and files a Judgment (FL-180), making the legal separation official.

LegalHelp.us Team

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