What does it mean to be legally separated in California?
What does it mean to be legally separated in California?
In California, a legal separation doesn't end a marriage or domestic partnership. Instead, it results in a court determining the rights and responsibilities of spouses who want to live apart. However, unlike a dissolution, there are no residency requirements for a legal separation.
How long does a legal separation last?
8-10 monthsIn fact, legal separation takes as long as a divorce (average time, 8-10 months), and costs just as much. In many ways, a legal separation is the same as a divorce. Both include final custody, visitation, child support, and if appropriate, alimony orders. All the family assets and debts are permanently divided.
Do both parties have to agree to a 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. The only difference is divorce results in the complete dissolution of the marriage and legal separation does not.
How long do you have to be separated in California before you can file for divorce?
six monthsIf you have not lived in California for at least six months, you can file for legal separation now and convert the proceeding to a divorce once you meet the residency requirement. The six-month waiting period for a divorce starts when you file for legal separation so this is a way to expedite that process.
What does it mean to be legally separated in California? Legally separated means the husband and wife have a legal separation judgment. That judgment of legal separation means a court order that, if applicable: but still maintained the husband and wife as a married couple.
How do you get legally separated 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.
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 “living separate and apart” 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.
