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Legal Separation Attorney in Orange County
Legal separation is frequently a pragmatic alternative to divorce. In some married couples’ lives, divorce is simply not an option, with common reasons that include:
What Is Legal Separation in California?
Legal separation is a court judgment that divides your property and debts and sets custody, visitation and support while you stay legally married. It uses the same court forms and grounds as a divorce, but only one spouse has to live in California, with no minimum time, and there is no six-month waiting period before the judgment.
| Legal separation | Divorce | |
|---|---|---|
| Marriage ends | No, you stay married | Yes |
| Residency to file | One spouse lives in California, no minimum time | One spouse lived in California for 6 months and in the county for 3 months |
| Waiting period | None | At least 6 months from service or the other spouse’s appearance |
| Divides property and debts, sets custody and support | Yes | Yes |
For the full step-by-step process, see our legal separation roadmap. If you and your spouse are putting terms in writing, our guide to writing a marriage separation agreement covers what it should include.
- For religious reasons;
- Need to maintain the other party on medical insurance;
- “For the sake of the children”;
- For other financial concerns.
The California legal separation process is exactly the same as going through a divorce. You will need to establish orders for child custody, child support, spousal support, division of property, and all of the same issues as divorce. However, at the end of a Legal Separation case, you will end up with a Judgment for “Legal Separation” instead of a Judgment for Dissolution of Marriage, and although legally separated, you will remain “Married”. For those considering a trial separation later in life, our grey divorce attorney can help clarify your options.
Orange County Legal Separation FAQs
How Do You File for Legal Separation in California?
You use the same court forms as a divorce, check the boxes for legal separation, file them with the Superior Court and have your spouse served. In Orange County, family law cases are heard at the Lamoreaux Justice Center, 341 The City Drive South in Orange. Only one spouse has to live in California, and there is no minimum time requirement. We can prepare and file the forms and handle service for you.
Is There a Waiting Period for Legal Separation in California?
No. A divorce cannot become final until six months after the other spouse was served or appeared in the case, but that six-month waiting period does not apply to a legal separation. How long a legal separation takes depends on whether you and your spouse agree on property, support and parenting, or need the court to decide those issues after hearings.
What Are the Downsides of Legal Separation in California?
The main one is that you stay married, so neither of you can remarry. A legal separation still divides property and debts and sets custody, visitation and support, so the case covers many of the same issues as a divorce. If you later want a divorce, the divorce residency rule and the six-month waiting period apply at that point. We can walk you through which path fits your situation.
