Definition of Legal Separation in California

A legal separation in California is very similar to a divorce.

California is one of many states that offers couples the option to file for a legal separation instead of a divorce when they no longer wish to continue their legal union. A legal separation is sometimes preferred for practical, religious or moral reasons.

Parties

In California, married couples or domestic partners that no longer wish to be legally bound to one another may file for a divorce or for a legal separation.

Residency

Unlike for a divorce action in California, there is no residency requirement for filing for a legal separation. For this reason, some people file for a legal separation first and later convert it to a divorce when they have lived in California long enough to meet the residency requirements.

Procedure

The procedure for a legal separation in California is the same as for a divorce. You must initiate the action by filing a petition for legal separation and serving your spouse or domestic partner with the petition.

Issues

A legal separation can settle all the same issues that a divorce can in California including,property division, asset and debt division, child support and custody.

Difference between legal separation and divorce

The major difference between a legal separation and divorce in California is that at the end of the legal separation process the couple is still legally married and therefore cannot remarry. As a result, your spouse or partner may still be able to benefit from health insurance, retirement plans or other financial resources that require you to be legally married.

References

• California Courts:Self Help Center