The filing cost for a legal separation in California is currently $435, but that cost may vary in Riverside, San Bernardino, and San Francisco counties. Many issues are treated similarly to divorce during the legal separation process, such as property, assets, debt, and child custody.

Do you have to file for legal separation in California?

In the State of California, your spouse needs to agree to a legal separation. If they do not, you may have to file for divorce. With that being said, legal separation is not something that should be considered without deep thought as it is a life-changing occurrence.

How do you get legally separated in California?

The process to file for legal separation in California is nearly the same as that used for a divorce/dissolution. A spouse must file a petition, pay the filing fee, serve the petition on the other spouse, and file financial disclosures with the court.

How long does a legal separation take in California?

Unlike divorce, legal separation in California does not require any residency requirements and the date of separation takes effect immediately. Therefore, legal separation can be completed prior to the six month “minimum time frame” for divorce as there is no termination date of the marriage.

How long is a legal separation good for in California?

They may live separate and apart for months, years or decades without ever filing anything with the court. That does not mean they ever became “legally” separated. Physical separation, no matter how long it goes, does not one day suddenly become a legal separation judgment.

Where to file for legal separation in California?

A Petition for Legal Separation must be filed in the California county where at least one party currently resides. If you are unsure what county to file in, you can use the county selection program provided by the California courts. Understand community property law.

What happens when you file for legal separation?

In other words, like a divorce, there will be a division of living arrangements, finances, and child custody. It’s also important to note that when filing for legal separation, anything you agree to in a legal separation agreement can set precedence should you then file for divorce.

When to file for summary divorce in California?

Couples who have been married or registered domestic partners for less than five years, have no children together, and have few assets and debts, can file for Summary Dissolution, which permits you to divorce by filing a few forms without having to attend a hearing. In other cases, couples wishing to divorce must file for a Regular Dissolution.

Can a couple legally separate without filing for divorce?

Some religions dictate that divorce is not accepted or allowed. Legal Separation will allow a couple to separate themselves from each other and have some legal protection without filing for divorce. In the eyes of the church, the couple is still legally married, even though they are legally separated.