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In a legal separation, the spouses part ways without being divorced. They remain legally married. Many people in California confuse legal separation with divorce. While both separation and divorce change the structure of your marriage in different ways, they are different.
If you are considering a legal separation in California, Schedule your Free Consultation for legal separation mediation now with an expert family law attorney.
This article discusses California’s legal separation (in the big picture), its benefits, the differences between separation and divorce, and the seven steps to proceed, from filing the separation petition to getting the separation judgment
California legal separation is similar to divorce dividing out the couple’s community property, awarding child and spousal support, and ordering child custody. However, the couple is still married.
Legal separation aims to divide the assets, debts, and other properties acquired during the marriage. Sometimes a couple decides not to divorce. It could be for personal or religious reasons or even for other benefits.
Depending on the health insurance provider, you may be able to keep a legally separated spouse as a dependent of your health insurance. However, in a divorce, this is not the case. You cannot cover your divorced spouse as a dependent of your health insurance. For social security benefits, you may qualify for spousal benefits even if you divorce. You will want to discuss your specific case with your family law mediator, attorney or even the Social Security Office.
Couples who think that permanently dissolving marriage is against their religion or belief system can opt for a legal separation option that allows them to stay legally married but have court orders regarding the division of assets, and child custody and support orders.. This allows the couple to abide by their religious, cultural, or personal beliefs.
To file for a divorce in California, you or your spouse must have lived continuously in California for the past six months and at least the past three months in your current California county. Butlegal separation neither requires you to meet six months California residency criteria nor three months county residency requirements, which means that you don’t need to be a resident of California before filing for legal separation. You can start your legal separation filing sooner rather than waiting months. You can then later change it to a divorce, depending on the timing.
However, if you have children, the residential requirements for legal separation may be different. Get a free video consultation with ‘Our Family law Experts’ to figure out your next steps. They can help you navigate procedural challenges while optimizing your benefits.
Legal Separation and divorce have different requirements, purposes, legal implications, and long-term effects. The following differences will help you understand the options available to you.
Separation allows both couples to part ways while being in a marriage. While in divorce, the couples are no longer legally married. In separation, you cannot remarry or enter into a domestic partnership with someone until you file for divorce. If someone does file for and then obtains a legal separation and later wants to remarry, the party will have to file again for a divorce and complete the divorce process.
The California state requires 6 months and one day from the Petition for Dissolution of Marriage is filed and served on Respondent to elapse before the Court will dissolve the couple’s marital status. Note, you can be finished with your divorce sooner, which is often the case for our couples at Families First Mediation. Please reach out and book a consultation to learn more.
Given the marital status is not being dissolved for a legal separation, there is no waiting period.
Following are the 7 “how to” steps in California for obtaining a legal separation judgment.
Before you initiate the legal process, take time to consult your family law expert as to whether a legal separation is the right legal action for your matter. You can also find an online family law expert if you have a busy schedule. They can best guide you on different legal options while understanding your circumstances.
Gather documents that you may require from filing the petition to getting the final court order.
To begin your legal separation case in California, complete and file your petition with the court. The Petition informs what action you want the family court to take regarding your marriage. A summons serves the purpose of informing your spouse that specific actions have been taken. At this stage, you have to pay the court’s filing fee, which is currently between $435 and $450 as of the writing of this blog. However, request a waiver if you cannot afford to pay the filing fee.
Following legal forms may be required to start the case,
After filing the Petition, the Petitioner serves their spouse, Respondent, with the necessary paperwork. You can ask a server to deliver documents to the other spouse. You have to make sure that your spouse has received copies of your filed forms properly to complete service. Check out our other blogs and videos about serving documents. Respondent has 30 days to respond to Petitioner’s Petition once received. The Respondent can agree or disagree with the terms stated in the Petition or suggest other arrangements accordingly. The following forms may be required at this stage:
To proceed with financial information sharing, you may require these forms.
You share financial disclosures with your spouse to settle financial issues and make decisions regarding child custody, child support, and parenting plans. You also file the FL-141 (Declaration Regarding Service of Declaration of Disclosure) with the court at this step
At this stage, couples negotiate on essential terms of separation (including but not limited to marital property division and assets, spousal support, and child custody) and draft a legal separation agreement, which the court requires to finalize your separation. Some spouses may not agree on separation terms requiring a mediator.
If both parties agree on terms of separation, they will submit it to court for approval. The court does not review the “fairness” of the agreement, but whether legal requirements were completed. If everything has been done properly, the court will grant separation judgment.
After a judge signs the final document, the clerk will file form FL-190 (Notice of Entry of Judgement) confirming that separation is final and mail that to you and your spouse. You must provide these forms and the envelope for mailing with your legal separation judgment packet.
On the other hand, if both parties don’t agree on issues, both spouses may have to go to trial.
The filing fee for legal separation in California is between $435 and $450. Both divorce and legal separation have similar filing fees. The courts in California allow separating spouses to discuss important terms of separation (child custody, alimony, property division, etc.), just like divorce issues.
Individuals who cannot afford the filing fee can request a fee waiver in a court of law. The expense of hiring a family attorney for legal separation is similar to a divorce However, you can also obtain separation judgment on your own if your case is simple. Check out our guided DIY program at TheCompleteDivorce, for more.
Generally speaking, the legal separation has no specific time frame, unlike divorce. However, on average, you can get the final separation judgment in days and weeks if you and your spouse agree on separation terms. The legal separation is faster because there is neither a mandatory waiting period of 6 months nor any residential requirements.
Legal separation is a legal process and an emotional one. You can make a lot of mistakes just because you are stressed out. Do your best to be educated on the legal separation process and do your best to:
No, you can file for legal separation in the family court without having an attorney on your side. If you are looking to mediate your divorce or want a DIY (Do It Yourself) divorce without going to court, then click on the provided link to get the best affordable option. You can download many valuable resources and forms from the California Courts Self-Help Guide to initiate your separation process without an attorney. Here are some tips: Get basic knowledge about California’s legal separation process before filing the petition.
The following are the disadvantages of legal separation:
Legal separation aims to divide the assets, debts, and other properties acquired during the marriage. Sometimes a couple decides not to divorce. It could be for personal or religious reasons or even for other benefits.
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.