Legal Separation
LEGAL SEPARATION FOR MARRIED COUPLES
RESIDENCY REQUIREMENT
The six (6) months residency requirement is NOT REQUIRED for the filing of a legal separation. However, you should be aware that proceeding with a legal separation will not ultimately terminate your marital status, therefore you will remain as a married person.
If you cannot (due to the residency requirement) or do not want to get a divorce, you can ask the judge for a legal separation.
A legal separation does not end your marriage or your domestic partnership. You cannot marry or enter into a partnership with someone else if you are legally separated (and not divorced). If you ask for a legal separation, you are still able to change or amend your Petition to a dissolution of marriage later on if one or both of you meet the residency requirement.
REASONS WHY ONE SPOUSE OR COUPLES WOULD LIKE TO FILE FOR A LEGAL SEPARATION & NOT FOR A DISSOLUTION OF MARRIAGE:
One or both of spouses have not been a resident of the State of California for at least six (6) months, therefore unable to meet the residency requirement in the State of California for filing of a divorce proceeding and do not want to wait to start the proceedings
They do not want to get a divorce but want to live apart and get orders from the court about money, property, and parenting issues
They do not want to get a divorce for religious reasons
They do not want to get a divorce because of their personal beliefs
They do not want to divorce because of financial reasons (health insurance coverage from spouses’ or partner’s employment or filing of tax returns)
Which Court Orders can be obtained under a Legal Separation?
You are able to obtain court orders when you file for legal separation proceedings the same way you are able to obtain court orders under a dissolution of marriage or divorce proceedings
WHEN YOU LEGALLY SEPARATE, YOU CAN ASK THE JUDGE TO MAKE ORDERS ON:
Custody and Visitation
Child Support
Spousal or Partner Support
The division of your property
Who will be responsible for paying debts
Domestic Violence Restraining Orders
Attorney’s fees and cost
LEGAL SEPARATION OF REGISTERED DOMESTIC PARTNERS
The Registration of the Domestic Partnership in California
If your domestic partnership was registered in California, either one of you can file for legal separation in California, even if neither of you lives in California.
The Registration of Domestic Partnership Outside of State of California
If your domestic partnership was NOT registered in California, you can file for legal separation in California if at least one of you is living in California. If you and your domestic partner do not live in California, when you file to end your domestic partnership in California, the court may not be able to make orders about other issues like property and debt, partner support, or your children.
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