{"id":371804,"date":"2016-09-14T11:07:29","date_gmt":"2016-09-14T16:07:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-legal-separation-laws.html"},"modified":"2018-02-26T12:35:40","modified_gmt":"2018-02-26T17:35:40","slug":"california-legal-separation-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-legal-separation-laws.html","title":{"rendered":"California Legal Separation Laws"},"content":{"rendered":"\n
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California Legal Separation Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Getting married is a life-altering decision involving shared decision-making in most areas of life, from finances to raising children. Navigating these challenges can be difficult even with the best of planning. Sometimes circumstances change dramatically after getting married where one spouse feels the need for a time-out, but isn’t yet ready to end the marriage. This is referred to as a legal separation, which can be permanent or simply precede a divorce<\/a>, and which has important legal consequences depending on your state.<\/p>\n

Legal Separation Process in California<\/h2>\n

In California, a legal separation doesn’t end a marriage or domestic partnership. Instead, it results in a court determining the rights and responsibilities of spouses who want to live apart. While legally separated parties are still married, they have the benefit of enforceable court orders separating their finances<\/a> or directing the custody<\/a> and support<\/a> of any children. They also may be able to retain certain marital benefits such as health or life insurance.<\/p>\n

The process to file for legal separation<\/a> in California is nearly the same as that used for a divorce\/dissolution. A spouse must file a petition, pay the filing fee<\/a>, serve the petition on the other spouse, and file financial disclosures with the court. However, unlike a dissolution, there are no residency requirements for a legal separation.<\/p>\n

California Legal Separation Laws At A Glance<\/h2>\n

The following chart contains the basics of legal separation laws in California, including the basis for legal separation and the procedure to obtain a court order.<\/p>\n\n
Statutes<\/b><\/td>\n
Grounds for Legal Separation<\/b><\/td>\n

Legal separation of the parties may be based on either of the following grounds:<\/p>\n

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  1. Irreconcilable differences, which have caused the irremediable breakdown of the marriage; or<\/li>\n
  2. Incurable insanity.<\/li>\n<\/ol>\n<\/td>\n<\/tr>
Date of Actual Separation<\/b><\/td>\n

A couple is not legally separated until the court issues a judgment. However, the date of actual separation can determine the parties’ rights and responsibilities especially as it relates to community property<\/a>. In California, an actual separation occurs where a spouse:<\/p>\n

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  1. Expresses his or her intent to end the marriage; and<\/li>\n
  2. Engages in conduct consistent with an intent to end the marriage (i.e. moves into a separate residence).<\/li>\n<\/ol>\n<\/td>\n<\/tr>
Legal Separation Required for Divorce?<\/b><\/td>\n

No, but California does require a 6 month cooling off period<\/a> before a divorce order can be entered.<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

Note:<\/b> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\n

California Legal Separation Laws: Related Resources<\/h2>\n