California law allows a couple to end a marriage through divorce, annulment or legal separation. Divorce and annulment involve terminating the marriage, while legal separation allows a couple to remain married, but simply to separate for a period of time. Legal separation can often be a good option for couples who do not know if they want a permanent divorce, with the provisions of a divorce in place.
At Contreras Law Firm in San Diego, our experienced family law attorneys can help you understand the different options and advise you on which might be the best choice for your circumstances. We will explain how a legal separation would work in your situation and assist you with all aspects of the process.
Implications of a Legal Separation
In California, a legal separation allows married couples or domestic partners to live apart and divide their finances and responsibilities without ending the partnership itself. While similar to divorce in some ways, it does not legally end the marriage, meaning you cannot remarry or enter another domestic partnership. A legal separation essentially provides the same rights and protections as a divorce, such as the right to split assets or request spousal and child support.
Grounds for Legal Separation
In California, there are two grounds for legal separation. The most common ground is irreconcilable differences, meaning that the relationship has broken down to a point where it cannot be repaired. The second ground is permanent legal incapacity to make decisions, which means one party is unable to make important life choices due to mental or physical disability. Either reason can be stated in court when seeking a legal separation.
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Process to Obtain a Legal Separation
If you need to file for legal separation in California, it’s important to understand what steps you need to take. Here’s an overview of the process:
1. File the Initial Paperwork
The first thing you need to do is get and complete the appropriate paperwork – Petition for Legal Separation (Form FL-100), and filing it in the superior court for your county. In your petition, make sure to include any information about shared children, assets, debts, and requests regarding child or spousal support.
2. Notify Your Spouse
Once you file, you must formally deliver copies of the legal papers to your spouse. This is called “serving” your spouse, and is legally required so they have a chance to respond.
3. Provide Financial Information
Both you and your spouse are responsible for sharing an honest, detailed breakdown of your finances. This includes statements for income, expenses, property, and debts, helping to ensure fair decisions.
4. Negotiate the Terms
You and your partner can negotiate the terms of the separation. This includes custody arrangements, property and debt division, and child custody if applicable.
5. The Judge Reviews and Signs Off
After you have a written agreement, the paperwork goes before a judge. If approved, the court will issue a Judgment of Legal Separation, making your agreements enforceable and official.
If you can’t come to an agreement, you’ll have to go to court and have a hearing where the judge will make these decisions.
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What if a Spouse Wants a Legal Separation and the Other a Divorce?
If one partner files for a legal separation and the other asks for a divorce, California law requires the case to move forward as a divorce proceeding. This happens because legal separation can only go ahead if both sides agree, but divorce doesn’t need mutual agreement – either spouse has the individual right to end the marriage, no matter what the other wants.
For example, if one spouse files for legal separation, but the other spouse fills out the response form and selects “divorce,” the court will automatically switch the case to a divorce.
The Advantages Of A Legal Separation
Divorce is not the answer for everyone, even if you and your spouse decide that you no longer wish to be married. There may be particular reasons that make a legal separation the best choice for you and your family, including:
- Divorce may be against you or your spouse’s religion.
- Couples need to remain married for financial reasons.
- Medical issues may require the parties to stay together for insurance purposes.
By opting for a legal separation, you and your spouse may have more control over the process than you would if you decided to divorce. The court will issue orders for property division, custody and visitation, child support and spousal support and any other orders it deems appropriate for the duration of your separation, and these orders are much timelier than they would be in a divorce.
If you feel that legal separation may be in your best interests, you should consult our experienced San Diego legal separation attorneys to understand more about your options. We can assist you in drafting the separation documents and work to ensure that your interests are protected to the fullest possible extent throughout your case.
Meet With A Member Of Our Team of San Diego Legal Separation Lawyers
To arrange your free consultation with one of our lawyers, call our office at 619-238-0616 or send us an email. We can help you evaluate your options to decide what is best for the future of your marriage.