What is the difference between legal separation and divorce in California?
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What is the difference between legal separation and divorce in California?
Legal separation is a situation where you are no longer living with your spouse but remain legally married. It is not simply living apart though, as it involves a specific legal agreement. Divorce is the more final option, where you are not legally married anymore.
Do both parties need to agree to a legal separation?
To create a legally binding separation agreement both spouses must be completely open and honest about their financial situations. This requires a detailed disclosure of their significant assets and liabilities. The agreement must be in writing and signed by each party in the presence of a witness.
How do I file for a legal separation in California?
In order to be granted a legal separation, one of the spouses must file a petition with the appropriate court, requesting legal separation. Decisions regarding child support, custody, property and spousal support must be determined either by agreement or by the court.
