Providing Divorce Mediation Services Throughout California
Marriage doesn’t automatically end just because you’re living apart. For many couples in California, the belief that long-term separation leads to an automatic divorce is a misconception that can have serious legal and financial consequences.
Given there is no automatic divorce in California, you must file for either a divorce or legal separation. Opting for legal paths like divorce and legal separation can protect you from going into a vulnerable position regarding property division and spousal support issues in California.
Similarly, an important concept in family law regarding separation is the ‘date of separation’ as it plays a role in deciding separate and community property during the divorce process. By date of separation, we mean the date after which the spouses begin living separately and stop acting as married units.
If you are in a long separation and want a divorce or legal separation without making the process costly and stressful, contact Dina Haddad today.
Dina is a California-based expert-attorney mediator who uses mediation to help couples navigate divorce.
An automatic divorce after a separation period is a myth. No matter how long you have been separated in California, no statute in the state warrants a specific separation period before you are divorced.
California’s waiting and separation period in the case of California’s formal divorce process is a different concept.
In California, the waiting period and separation period are two notions pertinent to divorce and often become confusing because of myths associated with them.
While in reality, the former is true and the latter is untrue.
The waiting period is the mandatory six months required by law before a divorce can be finalized in California. It starts once divorce papers are served or the respondent appears in the case.
This period gives both parties enough time to discuss the issues and to change their minds concerning the dissolution. Historically, getting a divorce was very fast and easy. Given how fast it was, California wanted a method to slow down the divorce rate from heat of the moment decisions. Now, getting a divorce in California takes usually several months to years and the status terminates around the same time a couple finishes their divorce (unless they decide to extend the termination date for other purposes).
On the other hand, the separation period refers to the time a couple lives apart before filing for divorce. In the state of California, there is no such prescribed period that is essential before a person can apply for divorce. The only thing is that the separation period may affect matters related to divorce, like spousal support and property and assets division. In fact, a couple can still be living at the same residence and obtain a divorce. In fact, the separation period may signal that the date of separation occurred, which is an important date in a divorce or legal separation.
The date of separation does play a crucial role as it relates to financial matters but it does not result in divorce. This means that whether a couple has lived separately for six months or for a number of years, divorce still has to be dealt with according to the provision of Family Code Section 2339, which stipulates that a petition of divorce has to be served and six months have to be adhered to. This provision is meant to ensure that divorce proceeds systematically.
Automatic divorce without a legal proceeding in California does not exist. A marriage cannot come to an end simply because the spouses have not been living together for many years.
The law of the state does not allow automatic divorce in order to protect the rights of both the parties and to ensure that the divorce procedure is done legally without any abuse. If this did not happen, then very important legal issues could be missed, leaving one party at a disadvantage.
Long separation and legal separation are different, though both involve couples living apart.
A long separation refers to spouses living separately for an extended period without any formal legal arrangement. The marriage is still intact, and neither spouse is legally free to remarry or make binding decisions about property, support, or custody.
On the other hand, legal separation is a formal process and requires couples to file with the family court to be legally recognized as separated. It gives the couple a chance to remain married while living apart. It can resolve issues like parenting time, property division, and child custody and support.
Hence, legal separation provides a clear court order for the separation without terminating your marriage. At the end of the process, no spouse can get remarried in California.
Both legal separation and divorce provide legally binding resolutions for custody, support, and property division, divorce permanently terminates the marriage—opening the door to remarriage—whereas legal separation keeps the marital bond intact.
For California couples hesitant to completely sever their legal ties, separation offers a strategic alternative. It’s not just “living apart,” but a formal, court-sanctioned arrangement that establishes clear financial and parental boundaries without the finality of divorce.
Why choose legal separation? Some couples find it provides:
In California, long separations could influence critical aspects of the divorce process, including spousal support and property division. Let’s see each one by one.
The length of separation in California has a role in determining spousal support.
In California, as per the law, there are a number of factors that govern how and why spousal support will be required. These have to do with the length of the marriage, the financial situations of both spouses, and their capacity to earn. This is how long separation influences spousal support:
Although a long separation does not suggest spousal support is not required, it is an important factor in determining the outcome, more so if the spouse seeking support has been found to be economically self-reliant.
In California, living apart for an extended period of time without legal separation can become a complex issue during the divorce on the division of property. For this, you first have to understand the community and separate property concepts.
Community Property: California is a community property state, meaning that assets made during your marriage will have joint ownership.
Separate Property: The property spouses have before getting married or property bought after being separated are regarded as separate property.
In family law, when one party separates with no intention to reconcile, this can be the party’s “date of separation.” It is an important factor in deciding what is considered separate property and community property.
The date of separation stops the community property clock even without legal proceedings or even a divorce filing. But, parties can dispute if the date of separation occurred, which can then be problematic again for the party.
For instance, if a spouse buys a house while they are still separated, but believes he is doing so post date of separation, the parties may not agree, especially if he used community funds.
If you are in a scenario involving a long-term separation but have no idea about the available options, there are better alternatives in California for you to consider. These two alternatives bring a sense of clarity and also prevent future complexities.
In some cases, divorce may be the most suitable option for both spouses if they concur that there are no chances of reconciling, and the marriage is no longer worth redeeming or saving.
In such circumstances, opting for long-term separation instead of divorce could affect assets division, child custody, and spousal support issues.
You can consider divorce if:
Legal separation formalizes your separation without ending your marriage in California. It involves resolving property division issues, addressing spousal support, and making child custody decisions.
You might consider legal separation if:
Dina Haddad is a divorce mediator here in California. Over the past 20 years, she has been helping divorcing couples with amicable and uncontested divorce. She has also been rated as a super-lawyer, an exceptional award for top attorneys in the United States.
If you are undergoing a long separation in California, Ms. Haddad can help you reach a long-term quality agreement without stress and expensive court battles. Feel free to reach out to her by scheduling a free consultation through her website.
Couples can file a petition for divorce to terminate their marriage in California instead of relying on the myth of long-term separation pertinent to automatic divorce. Every divorce process in California has a mandatory waiting period of 6 months for the marital status to dissolve. However, you can be done with your divorce sooner, and if you are not done with your divorce by 6 months, your status will still not automatically dissolve.
The long-term separation with the intent of automatic divorce could complicate issues like property division and alimony. Here, individuals can use the following two options:
The key to choosing any process lies in understanding legal implications and choosing the approach that best protects the rights of both parties.
Related: Can You Divorce Without Splitting Assets in California?
Families First Mediation is a pioneer in the field of divorce mediation. Our entire divorce mediation team takes great pride in being active trainers, divorce mediators and teachers of mediation in the greater California area. If you are considering a collaborative divorce, legal seperation or looking for a san jose divorce lawyer we have services that may be beneficial to you. Take advantage of our vast expertise and background in the field of divorce mediation and our genuine desire to help with your divorce mediation services.
