Did you know California was the first state to allow no-fault divorces in 19691? Today, most divorces in the Golden State are no-fault, due to irreconcilable differences1. If you’re going through a divorce in California, knowing about legal separation is key.
This guide will cover everything you need to know about legal separation in California. We’ll talk about child custody, spousal support, and how to divide property. This article is here to help you make smart choices, whether you’re thinking about legal separation or just want to learn more.
Key Takeaways
- California was the first state to allow no-fault divorces in 1969.
- Most dissolutions of marriage in California are no-fault, based on irreconcilable differences.
- The filing fee to petition for dissolution of marriage in California is $435.
- California is a community property state where marital property is split 50/50 in divorces.
- Child custody decisions in California are based on a legally binding parenting plan.
What is Legal Separation in California?
In California, a legal separation lets couples stay married but divide their stuff, debts, and decide on support2. It’s an option for those who don’t want a divorce for religious, personal, or financial reasons2.
Legal Separation Basics
Legal separation in California means couples can ask for orders on dividing property, debts, and support2. They can also get orders on child custody, child support, and who pays for lawyers2. Unlike divorce, you only need one spouse to live in California, no specific time needed2.
Why Someone Might Choose Legal Separation
Choosing legal separation means you can turn it into a divorce later if you meet the residency rules2. The process for legal separation and divorce in California is similar, but legal separation has no waiting period2.
Legal separations in California are given for “irreconcilable differences” or being unable to make decisions3. They don’t require living in California for a certain time, unlike divorces3.
Legal separations don’t have a waiting period, so couples can get a Judgment faster3. But, you’re still married after a legal separation and would need to file for divorce separately if you want to end the marriage3.
Choosing between legal separation and divorce in California depends on personal beliefs, concerns for family, and benefits like health insurance3.
Divorce FAQs California: Requirements and Process
If you’re thinking about getting a divorce in California, it’s key to know the legal steps and what you need. Let’s look at the main steps you’ll go through.
Make sure you can file in California
To file for divorce here, you or your spouse must have lived in California for at least 6 months. And, you both must have lived in your current county for at least 3 months4. This rule doesn’t apply to legal separation, where only one spouse needs to be in California.
File papers to start the case and pay a fee
When you file for divorce, you’ll need to fill out the Petition and Summons and file them with the court. You’ll also have to pay a fee, which is between $435 to $4505. If you can’t pay, you can ask for a fee waiver.
After you file the papers, you must have someone serve a copy of them to your spouse. This is how they’ll know you’ve started the divorce process.
Finish the divorce
To finish the divorce in California, you and your spouse will need to share financial details. You’ll also need to agree on how to split property, child custody, and support. The divorce can’t be finalized for at least 6 months after you first file5.
“Divorce is never easy, but the legal process in California can be navigated with the right guidance and information.”
Differences Between Legal Separation and Divorce
The main difference between legal separation and divorce in California is the marriage status. In a legal separation, the couple is still married legally. A divorce ends the marriage completely6.
Choosing legal separation means couples can still get some marriage benefits. These include better tax filing, health insurance, military benefits, and Social Security6. But, these benefits are usually lost after a divorce6.
Reconciliation and Divorce
If a couple gets back together after a legal separation, they can ask the court to cancel the separation and stay married6. Or, either partner can later ask the court to change the legal separation into a full divorce6.
Remarriage
During a legal separation, neither spouse can get remarried6. But, after a divorce is finalized, both can remarry6.
| Legal Separation | Divorce |
|---|---|
| Couple remains legally married | Marriage is terminated |
| Couples may retain certain benefits of marriage | Couples lose benefits of marriage |
| Couple can reconcile and remain married | Divorce is final, no reconciliation |
| Neither spouse can remarry | Both spouses are free to remarry |
In summary, the main differences between legal separation and divorce in California are the marriage status, benefits, reconciliation, and remarriage6. Couples should think about their options and get legal advice to pick the best choice for them7.
Obtaining a Legal Separation in California
The process for getting a legal separation in California is similar to getting a divorce. You start by filling out and submitting the Petition and Summons to the court. You also need a Declaration under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) if you have kids. The cost to file is between $435 to $450, but you might get a fee waiver if you’re low-income89.
Part One: Start the Case
After you file the paperwork, an adult like a sheriff or process server must serve your spouse with the forms and a blank Marriage/Domestic Partnership form. If you can’t find your spouse, the court might let you serve them differently.
Part Two: Serve Your Spouse
In the legal separation process in California, you and your spouse must share financial info with each other. This helps with decisions on child support, custody, and splitting property and debts.
The court likes it when you and your spouse agree on child custody, support, and property division. If you agree, the court will likely approve it if it seems fair. If you can’t agree, the court will make the decisions for you.
Part Four: Make Decisions
If you and your spouse agree on everything, you can finalize your legal separation without a court hearing. But if there are disagreements, a hearing will be set, and a judge will decide8.
Part Five: Finalize the Divorce or Separation
In California, you can finalize your legal separation quickly if you agree on all issues8. This is an option for those who want to separate financially but still keep their legal marriage for religious reasons or to keep benefits like health insurance8.
“The state of California prefers to review agreements made between spouses regarding custody and property division to avoid court intervention.”8
The legal separation process in California is meant to be easy and quick. It lets couples make their own decisions whenever they can89.
Alternatives to Legal Separation
Legal separation is one option for couples in California, but there are other choices too. A common one is a legally binding separation agreement10. This is a contract that details how property will be split, who pays for what, and arrangements for children. It doesn’t change the couple’s legal status but sets a clear agreement for future separation or divorce.
Mediation11 is another way to handle separation in California. It uses a neutral mediator to help couples agree on things. Couples might also choose collaborative divorce11. This method lets them work out agreements with lawyers who help them avoid going to court.
For guidance on separation and divorce, Families Change11 offers online help for families. There are also ways to find mediators, like through local directories or community groups11.
In collaborative law, couples and lawyers agree not to go to court. If they can’t settle, the lawyers leave the case11. This method might include experts like child custody specialists or accountants for a full solution11. California has many resources for collaborative law, and you can find them online or through local bar associations11.
Couples in California have many ways to solve their issues without legal separation. Options include separation agreements, mediation, or collaborative divorce1011.
Changing Legal Separation to Divorce
If you’ve started the legal separation process in California and now want a divorce, you can change your case with an amended petition12. Or, if you’ve finished the legal separation, you can start a new petition to turn it into a divorce12.
California lets couples switch from legal separation to divorce. They can change their minds during the separation or convert it to a divorce12. This shows how common it is for couples to start with separation and then go for a full divorce13.
During both legal separation and divorce, issues like asset division, spousal support, child custody, and child support are dealt with13. Courts look at financial situations and agreements from legal separations when making divorce decisions13.
The legal separation agreement can affect divorce proceedings, so it’s important to make agreements carefully13. Working with a skilled family law attorney is key to protect your rights, whether moving from separation to divorce or starting divorce directly.
In California, one spouse must live in the state for six months before filing for divorce14. Also, there’s a six-month wait after changing a legal separation petition to file for divorce13.
| Requirement | Legal Separation | Divorce |
|---|---|---|
| Residency | No minimum residency requirement12 | At least 6 months in California, 3 months in the county14 |
| Waiting Period | No waiting period | 6 months mandatory waiting period14 |
| Conversion | Can convert to divorce during or after separation12 | N/A |
“Changing a legal separation to a divorce can be a straightforward process, but it’s important to work with an experienced family law attorney to ensure a smooth transition and protect your rights.”
–Myers Family Law, a Granite Bay divorce attorney12
Divorce FAQs California: Residency and Waiting Periods
Getting a divorce in California means knowing about residency and waiting periods. You must live in California for 6 months and in the county where you’re filing for 3 months15. This step is key to starting your divorce case.
Divorces in California can take a few months, even if both people agree15. If there are complex issues, it might take longer. After serving divorce papers to your spouse or getting their response, there’s a 6-month wait before you can end your marriage15.
But, these rules don’t apply to legal separations in California. Getting a legal separation is often quicker and easier than a full divorce15.
| Divorce Requirement | Details |
|---|---|
| Residency | One spouse must have lived in California for at least 6 months and in the county where they are filing for at least 3 months15. |
| Waiting Period | There is a mandatory 6-month waiting period between the initial filing and the finalization of the divorce15. |
Understanding residency and waiting periods is key if you’re thinking about a divorce in California. This info helps you plan and prepare for the process. Remember, the residency and waiting period rules do not apply to legal separations in California.
For more info on divorce in California or to begin the process, talk to a skilled family law attorney1617. They can help you with the steps and requirements.
“Planning an exit strategy, changing living arrangements, securing legal representation are vital steps before filing for divorce, especially in cases of domestic violence.”17
Conclusion
Dealing with divorce FAQs California and legal separation California can feel overwhelming. But, with the right info and help, you can make choices that are best for you. Knowing the differences between divorce and legal separation is key18.
Looking into the differences helps you see which path fits your life and money situation best19. The experts at Super Attorneys Of Irvine offer top-notch advice and support. They make sure your rights are looked after and your goals are met.
Choosing between divorce or legal separation is a big decision. The team at Super Attorneys Of Irvine is here to guide you with care and efficiency. Call them at 949-996-9546 or visit businesslawyersirvine.com to start on a path to a better future.
FAQ
What is legal separation in California?
Why might someone choose legal separation instead of divorce?
What are the requirements for filing for divorce in California?
What is the process for filing for divorce in California?
What’s the difference between legal separation and divorce in California?
Can I remarry after a legal separation or divorce in California?
What is the process for obtaining a legal separation in California?
What are some alternatives to legal separation in California?
Can I change a legal separation to a divorce in California?
What are the residency and waiting period requirements for divorce in California?
Source Links
- https://www.forbes.com/advisor/legal/divorce/california-divorce/
- https://selfhelp.courts.ca.gov/divorce-california/legal-separation
- https://cristinlowelaw.com/what-you-need-to-know-about-legal-separation-in-california/
- https://www.boydlawsandiego.com/frequently-asked-questions-about-california-divorce/
- https://www.divorcenet.com/states/california/cafaq04
- https://www.edgarfamilylaw.com/blog/california-legal-separation-vs-divorce/
- https://www.leonfbennettlaw.com/blog/legal-separation-in-california-what-makes-it-different-from-divorce/
- https://www.forbes.com/advisor/legal/divorce/california-legal-separation/
- https://hellodivorce.com/divorce-in-california/legal-separation
- https://temeculadivorce.com/area/legal-separation-california/
- https://www.courts.ca.gov/1226.htm
- https://www.myersfamlaw.com/blog/2019/february/can-i-change-my-mind-and-divorce-after-separatio/
- https://www.sandiegodivorcelawyerhelp.com/converting-separation-into-divorce/
- https://www.monarchfamilylaw.com/divorce/how-to-file-for-divorce-after-legal-separation-in-california/
- https://www.sdcourt.ca.gov/sdcourt/familyandchildren2/generalfamilyfaq/divorcefaq
- https://www.edgarfamilylaw.com/faq/
- https://cristinlowelaw.com/practice-areas/divorce/divorce-faq/
- https://temeculadivorce.com/divorce-faq/
- https://www.westoverlaw.com/articles-faqs/a-guide-to-divorce-in-california/