Providing Divorce Mediation Services Throughout California

California Legal Separation 7 Steps Filing, Cost & Benefits

Dina Haddad

Principal & Founder Attorney-Mediator

legal separation california

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.

  • Marriage: A legal contract between two people
  • Divorce: A complete dissolution of marriage. The spouses are no longer married.
  • Legal Separation: A (legal) pause in a legal contract. The spouses are still married and cannot remarry.

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.

1. Separation of Assets and Debts

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.

2. Health Insurance and Social Security 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.

3. Belief System and Legal Separation in California

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.

4. No Residential Requirement Barrier

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 vs Divorce in California

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.

1. Marital Status and Remarriage Flexibility

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.

2. Waiting Period

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.

Step 1: Meeting with the Family Law Expert

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.

Step 2: Gather Necessary Document

Gather documents that you may require from filing the petition to getting the final court order.

  • Tax filings and returns proof
  • Credit card and loan documents
  • Income, property, and proof of assets

Step 3: Starting the Legal Separation Case

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,

  • FL-100: Use this form to file for the petition,
  • FL-110: Use this form to inform the other party about certain actions (spouse),
  • FL-105: Use this form to file a Declaration under the Uniform Child Custody Jurisdiction and Enforcement Act.

Step 4: Serving Your Spouse (Respondent) with Paperwork

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:

  • FL-120: Response Form for Marriage and Domestic Partnership,
  • FL-115: Form for Proof of Service of Summons (Family Law-Uniform Parentage-Custody and Support).

Step 5: Sharing the Financial Information/Data

To proceed with financial information sharing, you may require these forms.

  • FL-140: Declaration of Disclosure Form for financial paperwork;
  • FL-150: Income and Expense Declaration Form for financial health
  • FL-142: Schedule of Assets and Debts Form about ownership
  • FL-141: Declaration Regarding Service of Declaration of Disclosure (Form).

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

Step 6: Making Decision and Legal Separation Agreement

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.

Step 7: Finalizing your Separation and Court Approval

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.

Frequently Asked Questions

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.

  1. Case complexities
  2. Cooperation between separating partner
  3. Attorney’s experience and expertise
  4. Court schedule and workload

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:

  1. Communicate well with your spouse.
  2. Avoid dating or jumping into a new relationship.
  3. Avoid bad-mouthing and threatening your spouse.
  4. Keep your children away from the separation drama.
  5. Co-parent with your spouse.
  6. Don’t make any significant changes to your finances or property. If anything like this needs to be changed, speak with your spouse first.
  7. Avoid sharing your separation details with your family and friends.
  8. Don’t air your separation grievances on social media platforms.

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.

  1. Download the legal separation forms from the California Court’s website or obtain the forms from the court clerk’s office (and checkmark the separation blocks).
  2. Mark the legal form accurately by following the court instructions (written on the form).
  3. File the forms to the court clerk’s office.
  4. Serve the legal separation paperwork to your spouse.
  5. Wait for the response.

The following are the disadvantages of legal separation:

  1. You cannot marry if you are legally separated. To remarry, you have to obtain a divorce judgment first.
  2. Legal separation can prove costly and may require additional fees and paperwork if you decide to divorce later on.
Lynn
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"Dina Haddad and Families First made a difficult process so much easier for us. For families with complex situations, Dina is the perfect choice. She has so many potential solutions at her fingertips and offers good advice while working through the choices. We were grateful to have found her and Families First."
Steven
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"Very good experience. Dina knows how to get everyone on the same page while keeping both parties on friendly terms. This was a very amicable resolution thanks to Dina. I would highly recommend anyone going through this versus hiring separate attorneys and ending on not so friendly terms. We are still friends and care for the welfare of each other, well worth it!"
John
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"We like the way Dina Haddad and Families First Mediation made the well-being of our kids their top priority. They guided us through what could have been a messy process, and looked out for the best interests of both of us. Dina and Deborah were easy to work with, and made our divorce much less stressful than it would have been if we had gone through opposing lawyers."
Veronica
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"As much as you can love going through mediation and divorce, Dina H. is the one to help you come to a positive outcome. She has good ideas and alternatives that you may not think about with a traditional divorce. She is always fair and good at maintaining rules and boundaries. I would recommend her to anyone that has to go through this grueling process."
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“Divorce is never something you plan for and the complexity and legality of it is something most couples don’t know, understand or inquire about... Samira and Deborah are organized, professional, empathetic, knowledgeable, and efficient. They made the process simple and clear, ensuring both parties were satisfied. They answered and addressed all questions and concerns always being neutral. I’ll highly recommend it if you want to avoid the courtroom and save some headaches! Thank you Samira and Deborah!!!!”
Araceli
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"I highly recommend Dina and Deborah at Families First Mediation. Dina is awesome she helped guide us from beginning to the end through this very hard and emotional process of Divorce. I loved her compassion towards our needs and looked out for the best interest of our family. This is one of the hardest and complicated things to go through and she made sure we understood everything answering all of our questions. We really appreciate all your help and how smoothly the whole process went Thank-you."
Crystal
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"The divorce process went smoothly with Samira and Deborah's help. I appreciated their feedback and advice during mediation. Samira was very knowledgeable and empathetic to both sides during the process. I also appreciated her honesty and input as we went through each section of our divorce. In addition, our divorce was finalized in less than 6 months, which was very impressive. If you are looking for a more affordable option, mediation is highly recommended...Thank you Samira and Deborah for your help and I encourage you to contact Families First Mediation if you are needing assistance with your divorce process. You will not regret it!"
David
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"Dina is very knowledgeable both in terms of the divorce laws and accounting. She is a great listener and amazing in finding a solution that works for both parties. She has a very creative mind to resolve conflicts be it about child custody, scheduling or asset division."
Dolores
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"Families First really helped make a difficult process seamless and helped us keep our friendship intact. Thanks to Dina and Deborah, we were able to look at everything honestly, openly, and together in a safe and friendly manner. They are wonderful!"
Matt
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"Dina and Deborah helped us maintain our MSA, even years later, with the same kindness and professionalism as the first time we all worked together. We've both come to trust FFM after both of us would independently check-in with our lawyers. Dina and FFM never failed to give us both fair and reasonable advice and direction."
Sharon
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"I highly recommend Families First Mediation if you and your spouse are thinking about going separate ways. Dina and team are friendly, easy to work with, thorough, and responsive. They made a difficult transition seamless, which is not easy to do given the reason people go to see them in the first place. Dina always made sure to be fair to both of us in a gentle, yet poignant way. I wouldn't hesitate to use her services again should the need arise, and would highly recommend her to anyone!"
Carla
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"While this process can be full of emotion and never easy, Dina showed excellent professionalism and compassion during the entire process. We selected her after speaking with several mediators. She was thoughtful, thorough, and patient in explaining what to expect. Throughout the process, she explained the various pros and cons of each decision, made sure we understood the various details of each point, and was creative in finding alternative ways to reach solutions when necessary. Her suggestions were fair and she never pressured us into a decision until we were ready. I've already recommended her services to several other people and will continue to do so."
Jonathan
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"For anyone out there navigating the legal complexities and emotional fallout of a divorce with children involved, I’d recommend Dina and Families First Mediation without a shred of reservation. She was able to skillfully work with us in acknowledging the emotional ramifications with compassion, while always maintaining a fair-minded and focused approach throughout that kept the process moving. In the end, we arrived at an agreement that was in the best interest of all parties involved, without needing to set foot in a court room or throw thousands of dollars away in litigation. Thank you, Dina!"
Annie
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"The transition out of marriage has been difficult and emotional. Dina has shown excellent professionalism throughout the process. She has a warm sensitivity that allows both parties to see what is most beneficial for the family unit. I thank her for all her hard work and her quick email responses during this challenging time. Dina comes with quality legal experience and advocates for BOTH sides. Most of all, I am thankful that she has helped our family as a whole work through this. My children and my ex-husband can now move forward and rebuild our lives. Thank you Dina."
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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.

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