Getting a Legal Separation in California

For domestic partnerships registered in California, you can apply for legal separation even if neither partner lives in California. It is important to know that it is only in these cases that the courts may have jurisdiction to terminate the partnership. If your partner does not live in California at the time of filing, the court may not be able to decide on the use of property, financial assistance, or matters relating to the children. Note: State laws can always change through the passage of new laws, decisions in higher courts (including federal decisions), voting initiatives, and other means. While we strive to provide the most up-to-date information available, please consult an attorney or conduct your own legal research to review the state laws you are seeking. You can apply for legal separation even if you haven`t lived in California long enough to meet the residency requirement for divorce. Then, after enough time, you can file for divorce. Legal separation must be submitted to the register of the registry office by the authorized officials. Legal separation can only be requested by one of the legally entitled spouses. The separation date is used to determine the community and separate interest of each spouse, and under California law, property acquired by the community prior to the separation date is divided 50/50 between the partners, unless the parties agree on a different division between them.

Although living in separate apartments is the main benefit of legal separation, it does not offer all the benefits of divorce. The following table describes the principles of legal separation laws in California, including the basis for legal separation and the procedure for obtaining a court order. If one of the spouses submits an application and the other spouse does not appear to be general, a court may also issue a judgment of judicial separation. Although legal separation goes through many of the same requests as divorce, the main difference is that divorce is a definitive end to your marriage. This means that you are legally single and can remarry. Keep in mind that you can`t use your spouse`s health plan or file joint tax returns. If you want to protect your family`s financial security and stability and think a legal separation is right for you, talk to a lawyer. While there are many similarities between divorce and separation actions, which will be discussed below, there are also strong legal differences between the two lawsuits. The legal implications of divorce, as opposed to legal separation, can be very significant. Some of the differences are as follows: Often, people file a legal separation in the hope that health insurance will continue if the parties are legally separated but not divorced. For this reason, careful research must be carried out before legal separation.

In most cases, health insurance funds are not contractually obliged to take out health insurance for the spouse who does not work if there is a separation decree. But legal separation does not end the marriage. Thus, neither spouse is free to remarry. Legal separation and divorce both have their benefits, so it`s important to recognize and understand their nuances when making this important life decision. Before making a decision, consider these two mantras: In a legal separation, the court decides the same issues as in a divorce case. The court may resolve custody and maintenance issues in the event of legal separation. You decided to take action in your marriage because it doesn`t work out the way you hoped. In the end, you have two remedies: legal separation or divorce. The main difference lies in the permanence of your decision. If you separate legally, you can live and act as separated, but reunite as a married couple. After your divorce, your decision to end the marriage is final and you are officially single.

Let`s take a look at some other important differences between the two options. Legal separations follow exactly the same three-part process as the divorce process. For more information on this process, see our review article on divorce. Getting married is a life-changing decision that involves collaborative decision-making in most areas of life, from finances to parenthood. Meeting these challenges can be difficult even with the best planning. Sometimes circumstances change drastically after marriage, when one of the spouses feels the need for free time, but is not yet ready to end the marriage. This is called legal separation, which can be permanent or simply precede divorce and has significant legal consequences depending on the state. In California, the court determines the rights and obligations of spouses under a legal separation agreement. Legally, couples are allowed to live apart, with two other main benefits: California law allows legal separation for two reasons: There are many similarities between divorce and separation cases.

Here are some examples of how divorce cases are similar to separation cases: The reasons spouses choose legal separation are private and unique to their relationship. Some of the reasons why couples choose legal separation include: Couples who do not wish to divorce may opt for legal separation instead. There are similarities between legal separation and divorce, but there are also differences. At the top of the list of advantages is the obvious: legal separation, unlike divorce, is not definitive. This allows a few couples time, opportunity, and legal protection, while considering the possibility of completely breaking off the relationship with their spouse through a formal divorce. There are also people who want to stay married, but apply for legal separation to maintain their marital status for immigration or health reasons.