Separation and Divorce in California
Separation before divorce may be beneficial or detrimental for couples. Here’s what you need to know about separation before filing for California divorce.
Legal separation is a legal agreement in which married couples live apart. While it is not necessary to legally separate prior to divorce, there are reasons why couples may choose to do so. In any case, it is not a decision to be taken lightly.
What is separation?
Legal separation is an agreement in which married couples agree to live apart. Similar to divorce, a judge can make orders regarding aspects such as child custody, division of property, spousal support, and more. However, unlike divorce, a legal separation does not end the marriage. As such, couples are legally separated but are still legally married, and as such have the same tax status as they did prior to the separation.
Related: Legal Separation vs. Divorce in California
Should you separate first before divorce?
There are certain general scenarios in which a couple may choose to legally separate prior to divorce. For instance, a couple might be strongly considering divorce but are apprehensive to follow through because of the finality involved in a divorce. In this case, a couple may consider separating prior to divorce as a trial run that allows them to decide if this is what they truly desire.
Another scenario where a couple may choose to legally separate prior to divorce involves the residency requirement for a California divorce. In order to divorce in California, at least one of the partners must have lived in the state for at least six months. If a couple has recently moved to the state but has a strong desire to divorce, the couple may consider legally separating because it allows them to be apart before the six months requirement has been met. Once six months have passed, couples can then file an amended petition to ask for a divorce.
Perhaps a more common scenario involves the waiting period associated with divorce. In California, there is a six-month “cooling-off” period before a divorce is finalized. This means that, no matter what, it will take at least six months for a divorce to go through. So, if a couple wants to live apart and have child custody, spousal support, or other aspects be determined for this six-month period, they may consider filing for legal separation.
The final scenario that will be considered in this article involves the benefits associated with marriage. For example, a couple may want to live apart while still maintaining their previous tax status and health care benefits for a while before the divorce. However, not all health care plans may cover legally separated couples, so people considering separation because of this benefit should research their particular health care plan.
In any case, it is recommended to speak with a lawyer to determine if this course of action is best for a couple’s particular situation. Her Lawyer specializes in finding people the best lawyer for their specific scenario, so contact us if assistance is needed.
Related: How to File for Legal Separation in California
Does California require legal separation before divorce?
There is no separation requirement prior to divorce in California. Couples may live together even throughout the six-month period before the divorce is finalized. This is not the case in all states, however.
How long can you be separated before you are legally divorced?
Legal separation does not necessarily mean that a divorce will occur. Spouses can remain married for as long as they want if they are legally separated. However, the spouses will be unable to marry another person if they do not divorce at some point.
FAQs about separation before filing for California divorce
What is separation?
Legal separation is essentially a divorce that does not actually end the marriage. The spouses will live apart and can have child custody orders, spousal support orders, and more, but are still legally married.
Should I separate before divorce?
The answer depends on your specific situation, such as if you are unsure if divorce is right for you and you want a trial run. Contact an expert family law attorney if you require any assistance.
Is separation before divorce necessary in California?
No. There is no separation requirement before divorce in California.
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If you’re looking into separation before filing for a California divorce, contact us. We’ll get you in touch with the right lawyer for your unique legal situation. Get your free consultation with one of our family law attorneys in California today!