California Separation

In California, separation is an option for couples who wish to live apart but do not wish to actually divorce. It can also be (and often is) a transitional move that leads to divorce. Since California has a 6 month waiting period to finalize the dissolution of a marriage, many couples decide to become legally separated during this time. Having a specific date to point to may help clarify when the actual separation occurred if the spouses do not agree on when the marriage became unsalvageable. Couples who believe they might later reconcile may not wish to formalize their separation legally. However, consulting an experienced attorney is the best way to decide what type of separation is most suitable. A legal separation offers many of the same features as a divorce in terms of child custody, support payments, and division of assets. Although a judge may be asked to settle these issues, it is in the best interests of most couples to settle out of court. Mediation can sometimes be helpful for spouses who are having difficulty agreeing on the terms of the separation.

Fast Facts

  • A legal separation may be granted by default if the spouse who has been notified of the petition fails to respond.
  • Many California lawyers find that legal separation is not a popular option for their clients due to the added expense of this "extra" step.
  • A separation agreement is frequently used as the framework for the final divorce ruling.

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