Understanding Legal Separation in California

What is Legal Separation?

Legal separation, also known as judicial separation, is a legal process where couples separate and cease to cohabitate, but are not divorced. This process allows individuals to maintain their marital status while still living apart. In California, legal separation is governed by the Family Code and requires a court order.

It's important to note that legal separation does not automatically grant either spouse the right to remarry or inherit property from the other party. If you're considering legal separation, it's crucial to consult with an attorney to understand your rights and obligations.

How to File for Legal Separation in California

To file for legal separation in California, you'll need to meet certain residency requirements and have grounds for the separation. You can't simply decide to separate without a valid reason. The court will review your petition and determine whether or not to grant the separation.

You'll also need to provide documentation, such as financial information and proof of service, to support your claim. It's recommended that you consult with an attorney to ensure you're following the proper procedures.

What Happens After Filing for Legal Separation?

After filing for legal separation, the court will review your petition and schedule a hearing. You'll need to appear in court and provide evidence to support your claim. If granted, you'll receive a court order stating that you're legally separated.

It's important to note that legal separation does not automatically terminate any existing marital rights or obligations. You may still be required to divide assets, pay spousal support, or address other issues related to the marriage.