Filing for/Getting a Legal Separation in California
California has a specific process for becoming legally separated. Here’s how to file for legal separation in California.
To file for legal separation in California, you’ll first need to find grounds for separation, which can be either “irreconcilable differences” or legal incapacity. Then, file a Form FL-100 (and a form FL-150 if you have minor children) with your local court. Serve this paperwork to your spouse.
What does it mean to be legally separated in California?
A legal separation determines the rights and responsibilities of a couple that wants to live apart. Getting a legal separation simply tells the State of California that you and your spouse are not living together. A legal separation court order can help spouses separate their finances and establish custody and support rights.
Getting a legal separation will not end your marriage or partnership; you will remain married. Physical separation is not necessarily legal separation. Just because you and your spouse don’t live together does not mean you are legally separated.
Many spouses and attorneys consider legal separation to be a stepping stone to divorce. Yet, some partners get a legal separation to maintain a fruitful marriage. Either way, here’s how to get one.
1. Find Grounds for Separation
The first step of the California legal separation process is to establish grounds for separation. Legitimate grounds for legal separation include:
- Irreconcilable differences
- Legal incapacity
In California, these are the only reasons that would qualify a couple for legal separation. Most people establish “irreconcilable differences” as grounds for legal separation. It basically indicates that you and your partner can’t get along.
On the other hand, “legal incapacity” as grounds for separation implies a spouse is not physically or mentally capable of caring for their significant other or making legal decisions. Medical or psychiatric testimony is typically required to establish “legal incapacity” as grounds for legal separation.
2. File the Necessary Forms for Legal Separation in California
After establishing proper grounds for legal separation, you’ll need to file a Form FL-100. The form has an optional area to specify child custody arrangements. If you have children under 18, you’ll need to file a Form FL-105 as well. On the Form FL-100, make sure to have noted legal separation, not divorce.
Get these forms reviewed by a family law attorney before you file them with the court. Once they’ve been completed and reviewed, make two copies of each form: one for you and one for your spouse. File the documents with your local court clerk and pay the filing fee; they’ll keep the original set and hand you back the copies stamped “Filed”.
3. Serve Your Spouse
After filing the forms, get someone over the age of 18 to serve these papers to your spouse. This person can be a process server (a professional), or anyone else over the age of 18. However, you cannot complete the service of process; someone else must do it for you.
Have your process server complete a:
- Proof of Personal Service (Form FL-330)
- Proof of Sevice By Mail (Form FL-335)
You must file these completed forms with the local court clerk as well.
FAQs About Legal Separation in California
How much does a legal separation cost in California?
Most California courts charge a $435 fee to file for legal separation. However, the cost of legal separation may vary in San Bernardino, San Francisco, and Riverside counties.
Can spouses be legally separated but still live together in California?
Yes. In California, couples that live together can be legally separated. This comes as a 2017 California Supreme Court decision amended a 2015 ruling that said couples cannot live together and be legally separated.
Is it possible to get a legal separation in California without a lawyer?
California law does not require spouses to have a lawyer to get a legal separation. However, an experienced family law attorney can help spouses properly complete California’s legal separation process.
How Can A Family Law Attorney Help Me Get a Legal Separation?
A skilled family law attorney can make sure your legal separation forms are properly filed and the service of process is correctly handled. These steps are crucial to making sure your legal separation is properly completed.
Free Consultation With a California Family Law Attorney
If you need a lawyer to file for legal separation in California, contact us. At Her Lawyer, our attorneys specialize in helping spouses file for legal separation. Get your free consultation with the right attorney for you.