Couples contemplating divorce in California may consider pursuing legal separation. While a divorce can take months to finalize, California family courts may grant legal separation. It’s important to keep in mind that in California, a legal separation is not an opportunity to work through issues with your spouse. Rather, legal separation encompasses much of the same issues as divorce. If you believe reconciliation can save your marriage, try counseling or mediation before seeking a legal separation.
If you believe that you and your spouse cannot work together to resolve your marital issues, our Riverside legal separation lawyers at Bratton & Razo, a Riverside family law firm, can help you reach a resolution that supports both of your needs. Learn more about legal separation in California before giving us a call.
Legal Separation vs. Divorce in California
The key difference between divorce and legal separation in Riverside is that a marriage does not dissolve through separation. While the parties may divide their assets and debts, among other issues tackled in divorce, they may not remarry. Spouses may seek legal separation for several reasons, including but not limited to:
- Religious objections to divorce
- Insufficient residency to pursue divorce
- Maintaining eligibility for benefits
- Maintaining health insurance coverage
Couples in California may pursue separation in preparation for divorce. To pursue divorce during separation, additional documentation will need to be filed.
How to File for Legal Separation in Riverside
The procedure for legal separation in Riverside is nearly identical to that of divorce. Unlike divorce, both parties must agree to a judgment for legal separation. When the parties agree to a separation, they can immediately begin to live separate lives since there is no waiting period.
In a divorce, either the spouse seeking divorce or his or her spouse must meet a residency requirement which requires he or she to have lived in California for at least 6 months, and at least 3 months in the county where he or she plans to file for divorce. There is no such requirement for legal separation. Spouses can instantly split without dissolving the marriage.
Issues Decided in a California Legal Separation
Like divorce, separation in California requires both parties to make important decisions about the following:
- Child Support
- Child Custody and Visitation
- Spousal Support
- Property and Debt Division
Having these issues worked out through a legal separation action makes the final divorce easier in the long-run should the parties decide to officially terminate their marriage.
Frequently Asked Questions
What is the difference between legal separation and divorce in California?
With a legal separation, you stay legally married, so neither spouse can remarry. The court can still make orders on child custody, child support, spousal support, and the division of property and debt. A divorce ends the marriage entirely. Our Riverside attorneys at Bratton & Razo can explain which option may fit your family’s circumstances.
Is there a residency requirement for legal separation in California?
Not the same one that applies to divorce. To file for divorce, one spouse must have lived in California for six months and in the county where you file for at least three months. According to the California Courts, a legal separation has no time requirement, and only one spouse must live in California. Some spouses in Riverside file for legal separation first while they work toward the divorce residency requirement.
Is there a waiting period for a legal separation?
A divorce cannot be final until at least six months after the other spouse is served. The California Courts self-help site explains that you do not have to wait six months for a legal separation to be final. How long your Riverside case takes still depends on the issues involved and how well you and your spouse can resolve them.
Can a legal separation be changed to a divorce later?
Usually, yes. The California Courts note that a legal separation can usually be changed to a divorce. Additional documentation will need to be filed, and because many of the same issues are decided in both, the work done during a legal separation may make a later divorce more straightforward.
Why would someone choose legal separation instead of divorce in Riverside?
Spouses choose it for different reasons, including religious objections to divorce, not yet meeting the divorce residency requirement, or a desire to maintain eligibility for certain benefits or health insurance coverage. Each situation is different, and the effect on benefits or coverage depends on the specific plan or program. Our Riverside legal separation lawyers can review your circumstances with you.
Do I need a lawyer to file for legal separation in Riverside?
The process closely mirrors divorce, and the paperwork covers custody, support, and property. Many people in Riverside choose to work with an attorney so the agreements they reach fit their family’s long-term goals. Our team at Bratton & Razo can review your situation and explain your options.
Riverside Legal Separation Lawyers You Can Trust
At Bratton & Razo, your family’s future is important to us. If you are looking into legal separation in Riverside, our team of separation lawyers can help you get the process started to achieve the results you desire. Whether you wish to separate temporarily or permanently, our Riverside separation attorneys will work with you and your family to understand your values and long-term goals.
Call us for a consultation at (951) 684-9000 or complete our contact form. A separation attorney will be in touch shortly.