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CALIFORNIA LEGAL SEPARATION
A People’s Choice can save you hundreds of dollars by preparing your legal
separation documents instead of an expensive divorce attorney!
Family Law Learning Center
Our online learning center provides quick access to valuable information contained in our web
site, California and Federal Codes, Court web sites and other legal sources of information.
Reasons for Legal Separation:
The reasons for obtaining a legal separation in California and the process to accomplish
it are very similar to a dissolution proceeding. The main difference in a legal separation is that, at the end of the process,
although all issues pertaining to property, debt, children and support are resolved, the parties remain legally married and
therefore are still eligible to retain certain benefits that would otherwise be lost in a dissolution proceeding. Another key
difference is that there is no residence requirement under CCP Section 395 which would require one of the parties to have been a California resident for at least 6 months.
Grounds for Legal Separation:
The grounds for filing a legal separation in California are the same grounds as divorce
actions. Often, filing for legal separation is an alternative to divorce when a breakdown of the marriage has taken place but
the parties do not want to obtain a divorce for religious or other personal reasons. One very common reason to seek a legal
separation instead of a divorce is to allow the parties to retain eligibility for medical insurance that would otherwise be lost by a termination of the marriage.
A legal separation proceeding is similar to any marriage termination proceeding. The judgment of legal separation resolves
all issues of support, custody, visitation, community property rights and community debt under the same standards and in
the same manner as if the parties were seeking a judgment of dissolution.
 Married but Separate: Unlike in a dissolution proceeding, the judgment of legal separation leaves
the marriage bonds intact. This means that the parties remain "married" in name only, without the
rights and responsibilities that attach to marital status. The parties to a legal separation action
cannot enter into a new marriage unless and until the existing marriage is dissolved by death or
through a judgment of dissolution. The judgment of legal separation, however, resolves all financial
issues between the parties, including determination of their support obligations and a division of their community estate.
After a Judgment of Legal Separation, the parties do not acquire further community property and
owe each other no spousal duties of care and support except as was ordered by the court in the Judgment of Legal Separation.
Both parties must agree to a Legal Separation: If one party files for a legal separation and
the other party responds by requesting a dissolution of marriage, the court may not enter a judgment of legal separation and
the case will proceed as a dissolution proceeding. Both parties must consent to the court awarding a legal separation. The
only exception is when the respondent does not oppose the request for legal separation, as in a default case. Furthermore,
after the entry of a judgment of legal separation, either party may subsequently file an action to dissolve the marriage.
A People’s Choice can save you hundreds of dollars by preparing your legal separation documents instead of an expensive divorce attorney!
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