Do you have to file for separation in California?

Do you have to file for 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. The only difference is divorce results in the complete dissolution of the marriage and legal separation does not.

Can you be legally separated and live in the same house in California?

Basically, the California Family Code used to say that spouses had to be \u201cliving separate and apart\u201d to define a date of separation. So, now you can be legally separated and still live in the same house. There are many reasons why couples who have decided to divorce choose to live under the same roof.

How much is legal separation in California?

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.

How much does it cost to file for a divorce in California?

The filing fee for a divorce in California is $435. If your spouse decides to respond to your complaint, then they must also pay $435. You should also note that there may be additional costs as the case progresses. If you can’t afford to pay these costs, you have the option to ask for a fee waiver.

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California is a no-fault divorce state, which means spouses can file for divorce without pointing the finger at their spouse. Usually, infidelity does NOT impact property division (unless the cheating spouse wasted marital assets on the affair), spousal support, or child custody, with limited exceptions.