Legal Separation

Unlike a divorce, a legal separation does not end a marriage or domestic partnership. In a legal separation, neither party can marry nor enter a partnership with someone else.

Some reasons that a couple may decide on a separation include:

• Not wanting a divorce but want to live apart and get orders from the court concerning money, property, or parenting matters.

• Religious beliefs do not allow for a divorce.

• Personal beliefs

• Not yet meeting the legal requirements of residency for a divorce in California, 

• Various financial considerations.

 

Like a divorce, when you get a legal separation, you can ask the judge to make orders about child custody and parenting time, child support, spousal/partner support, property division, and determining responsibility for debts.

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Getting a divorce or a legal separation is essentially the same process. However, there are slight differences in the requirements for obtaining a legal separation and your marital status once the legal separation is complete.

• One spouse must live in California, but there is no requirement for how long one must live in the state or county.

• There is no 6 month waiting period.

• When the process is complete, you are still legally married. As a result, either spouse is forbidden from entering into another marriage or domestic partnership.