Frequently Asked Questions

Frequently Asked Questions

IS A LEGAL SEPARATION NECESSARY IN ORDER TO FILE FOR DIVORCE?

WHAT IS THE DIFFERENCE BETWEEN A LEGAL SEPARATION AND A DIVORCE?

HOW QUICKLY CAN I GET A LEGAL SEPARATION?

CAN I GET TEMPORARY SUPPORT WHILE THE LEGAL SEPARATION IS IN PROGRESS?

IS A LEGAL SEPARATION NECESSARY IN ORDER TO FILE FOR DIVORCE?
No, it is not necessary to file for Legal Separation in order to divorce.  The reason for filing for a Legal Separation is to address the issues (things like division of property, spousal support and child custody, visitation and support) when spouses may not want to divorce.  Spouses may not want to divorce due to religious reasons or financial reasons.  A consultation with the attorney will determine whether a Legal Separation or a Divorce is the right option.  If a divorce is desired after completion of a Legal Separation, the petitioner will have to start all over again.

WHAT IS THE DIFFERENCE BETWEEN A LEGAL SEPARATION AND A DIVORCE?
A Legal Separation is not a Divorce.  If a spouse(s) wishes to remarry, he/she will need to Divorce.  Both a Legal Separation and a Divorce address the issues, namely division of property, spousal support as well as child custody, visitation and support.  However, a Legal Separation does not terminate the marriage—only a Divorce will do that.  A consultation with the attorney will determine which option is best.

HOW QUICKLY CAN I GET A LEGAL SEPARATION?
A Legal Separation can be finalized in approximately 3 ½ months—less time than it takes to finalize a Divorce.  The procedure is the same as that for a Divorce, in effect the petitioner files for Legal Separation and serves the spouse.  The respondent (the one who is served) has 30 days to respond.  The Legal Separation can be completed by agreement (a Legal Separation Agreement), by default if the respondent does not respond, or by trial if the respondent responds and there is a disagreement over the issues.

CAN I GET TEMPORARY SUPPORT WHILE THE LEGAL SEPARATION IS IN PROGRESS?
Yes, temporary orders can be requested while the Legal Separation is in progress.  An Order to Show Cause could be filed to request spousal support or child custody, visitation or support.
 

You OR your spouse must be Residents of California to file.

(Residency is defined as living in the State for 6 months and the County for 3 months.)