What Exactly Is a ‘Legal Separation’ in California?

In California, ‘legal separation’ means that a married couple can live independently without fully and formally dissolving their marriage. There are some benefits and disadvantages to obtaining a legal separation. A seasoned attorney who is familiar with legal separation cases can further discuss all options for dissolving a relationship.

Why Would Someone Get a Legal Separation Instead of a Divorce in California?

There might be several reasons a married couple might make the decision to get a legal separation rather than a divorce, including:

• Concerns about their health insurance.
• Religious doctrines, concerns, or beliefs that preclude formal divorce.
• Their personal beliefs prevent them from seeking a formal divorce.
• Financial reasons that might impact their decision.
• Uncertainty about whether they want a formal divorce right away, as they may want to repair their marriage down the road.
• Failure to meet the California residence requirements and regulations for filing for a divorce, as there isn’t a waiting period required for a legal separation and it can be sought while the parties wait to meet the residence requirements for a formal divorce.

For some people, a legal separation can allow them to stay married and begin dividing assets, addressing debts, and working on child custody agreements. A legal separation in California can serve as a trial period before a divorce.

Does a Legal Separation Automatically Result in a Divorce in California?

In California, a legal separation doesn’t automatically result in a formal divorce. In fact, California couples must file a separate formal petition to finalize a divorce once they make the decision to dissolve the marriage.

What Happens if a Spouse Wants a Legal Separation?

In order to file for a legal separation, a spouse must petition the court and formally serve notice to the other spouse. They might also attend mediation to reach a separation agreement.
At this time, the court typically divides marital property and discusses bank accounts, retirement funds, real estate, and other finances. The parties can establish preliminary child custody agreements, arrangements, and child support obligations. A court might order spousal support payments depending on the circumstances of each case.

Typically, the parties to a formal legal separation still file their taxes as “married” until a divorce is requested. They begin their separate lives and make decisions about residential considerations. Couples can live under the same roof during their period of separation.

Unlike in a California divorce, there isn’t a mandatory period of time the couple must wait in order to formally file for legal separation.

Does a Spouse Have to Give a Reason for a Legal Separation in California?

In California, you can get a legal separation without giving a specific reason. Just like with divorces, you can get a separation for either of two reasons: irreconcilable differences or permanent legal incapacity to make decisions.

“Irreconcilable differences” means that the marriage is broken, and you don’t foresee any way to salvage it. “Permanent legal incapacity to make decisions” is rarely cited as separation grounds. A seasoned attorney can discuss legal separation with you during an initial consultation.

Why Should I Hire an Attorney for My Legal Separation?

Separations can be complicated, especially if you need custody or visitation orders to be considered before you reach a formal agreement. As a result, an attorney can be invaluable. They can provide the following services:

• Help draft your formal Judgment of Legal Separation
• Give legal guidance during a complicated process
• Make sure your individual legal rights are protected
• Navigate the nuances of asset division and child custody agreements
• Help you make informed decisions about spousal support, property division, and child custody
• Advise you on the potential legal and financial consequences of your agreement

When the situation isn’t completely amicable, or your separation involves significant assets, an attorney who is familiar with cases like yours can be crucial. Family law can be complicated, so it’s important to seek legal advice from an experienced attorney when considering a formal legal separation in California.

FAQs

Q: Is Dating Allowed When You’re Legally Separated?

A: Dating is allowed when you’re legally separated. If children are involved, keep them in mind, as the decision to date can impact custody agreements in the future. If children aren’t involved, the decision to date might be made more freely. However, you may not want to make decisions that could affect potential spousal support. Splitting household expenses with someone new can impact spousal support.

An attorney can further discuss the impact dating might have during a period of separation.

Q: What Are the Living Arrangements When Legally Separated?

A: There are different living arrangements when legally separated. Some couples live apart, while others continue to live in the same residence while they’re legally separated, especially if they’re waiting to finalize a child custody agreement or if the arrangement is less expensive. California couples are allowed to live in the same home and still be separated legally.

If you have additional questions about the living arrangements or requirements for a legal separation, a local attorney can help.

Q: What Legal Issues Are Considered in a Formal Legal Separation?

A: In California, a formal legal separation considers several legal issues, including child custody and visitation, child support, spousal support, division of all property and assets, allocation of all debts and how they may be split, attorney costs, and other legal fees. Marital status is not addressed. If desired, the parties must thereafter initiate and file a formal dissolution of marriage.

Q: What Are Some Disadvantages of Legal Separation in California?

A: In California, some disadvantages of legal separation rather than divorce include:

• If you become incapacitated or ill, a separated spouse is still usually considered your next of kin for medical decision purposes.
• Your separated spouse keeps their inheritance rights if you pass away during a period of separation.
• Parties can’t legally remarry or start a domestic partnership during this time.

If you have other questions about disadvantages, consult a lawyer.

Discuss Your California Legal Separation Options With Bickford Blado & Botro

Every marriage or domestic partnership is unique. An experienced legal professional with experience handling the dissolution of California partnerships can help you understand what form of separation is ideal for your relationship. Contact the attorneys at Bickford Blado & Botros today.

 

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