Quick Answer: How Does Legal Separation Work 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..

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. … The process to file for legal separation in California is nearly the same as that used for a divorce/dissolution.

How do you get legally separated in California?

Legal SeparationIdentify grounds for separation. Just like a divorce, when filing for legal separation in California, you must have grounds to do so. California specifically lays out the legitimate grounds as follows: … File Form FL-100. California Form FL-100 is the form you need to begin the process. … Serve your spouse.

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.

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.

What should you not do during separation?

Think of this as a marital separation checklist on what you should not do during your trial separation.Don’t publicize it. Tell someone you are getting a divorce or separation, and suddenly everyone has something to say. … Don’t move out. … Don’t maintain the status quo. … Don’t date just to date. … Don’t delay the inevitable.