What Is A Legal Separation?
A legal separation is different from a divorce because a legal separation does not end your marriage. That means, you are still legally married and cannot remarry, but you and your spouse are living separate and apart from each other. A legal separation also ends the community.
If you are seeking an legal separation, 4WheelJD™ in Long Beach can help! Book a consultation!
What Are Some Reasons for a Legal Separation in California?
In California, you do not need a specific reason! That is because California is a “no-fault” state. You only need to state “irreconcilable differences” or “permanent legal incapacity to make decisions”. The latter reason is very rare.
Are There Any Requirements for a Legal Separation?
A legal separation has very few requirements. If you file for a divorce, you must meet California’s six-month residency requirement (including three months in the county in which you file). However, a legal separation has no such requirement. This means you can live in California for less than six months, and in your county for less than three months, and still file for a legal separation. Many couples who do not meet the residency requirement for a divorce choose to file for a legal separation until that residency requirement is met.
However, if you have minor children of the marriage, California still needs to have jurisdiction in order to make child custody and/or visitation orders. Therefore, except in an emergency, the children must meet California’s residency requirements.
How Long Does It Take To Get a Legal Separation?
Unlike divorces in California, there is no waiting period for a legal separation. This means you can get a judgment of legal separation much quicker. However, if you and your spouse are not in agreement on terms, the process can take longer.
What Does a Legal Separation Cover?
Like a divorce, a legal separation in California covers many, if not all, of the same issues. The only difference is that a judgment in your legal separation will not include your marital status because you are still legally married to your spouse.
The issues included in a legal separation in California are: Child Custody/Visitation and Child Support, Spousal Support (aka alimony), Property Division (including division of debt), and sometimes attorney fees.
Should I Choose A Legal Separation or a Divorce?
That depends on you. Whether you decide to be legally separated or divorced is a personal issue. There isn’t a checklist of pros and cons on this issue. Maybe because of religious reasons, you choose a legal separation over a divorce. Perhaps you considered spouse privileges in regards to benefits and insurance. Whatever your reason, it is your choice. If you decide on a legal separation and later decide to divorce, remember that you must complete the divorce process.
For help deciding which option is better for you, book a consultation.
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