What Is an Uncontested Legal Separation in California?
The relationship is over, but neither of you is ready to divorce. Perhaps your religion forbids divorce, or maybe you do not meet California's residency requirements for divorce. It might be a question of maintaining health care coverage. Whatever the reason, an uncontested legal separation is available in California for couples who have made the decision to stay married but live apart.
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Legal Separation
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Although some call a legal separation a divorce in everything but name, it is not. In California, a legal separation does not end a marriage; rather, it sets up a structure for a married couple to live apart with separate property and finances, yet remain married. A judgment of legal separation describes how you will handle money and parenting.
An Uncontested Case
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When the parties to a marriage have agreed to a legal separation and all its terms the court calls the proceeding an "uncontested case." To expedite the case, you have to be in agreement about property division, child custody, child support, alimony and other money issues. The court also terms your proceeding "uncontested" if your spouse---though perhaps disagreeing completely with everything you say---does not file any papers with the court opposing your proposals.
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Agreement to Legal Separation
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A judge will make a ruling on contested issues part of the judgment. Every legal separation is uncontested in one sense, because both parties have to be in agreement in order to obtain the judgment. If either party opposes the idea of legal separation, the proceeding is automatically turned into a divorce case. On the other hand, if the parties agree to a legal separation but disagree as to money or parenting issues, the court will rule on the disputed issues.
Considerations
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In California, uncontested petitions require less time and less paperwork than contested cases. According to the court system, most uncontested cases require only brief contacts with a judge, or none at all. The parties can often handle uncontested proceedings by mail.
A Prelude to Divorce
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In order to file for divorce in California, either you or your spouse must have been a California resident for six months. It is not necessary to file for legal separation. If you do not yet meet the residency requirement, you can file uncontested legal separation papers in a California court, then, when you have achieved the residency requirement, file an amended petition for divorce.
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References
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