Are you contemplating going through a divorce, but just cringe going through the process and all that the paperwork, emotional strife, and the challenges of untangling all those years together? Well, this is a common reason married couples often move first to legal separation. Legal separation lets you start dividing up your assets without ending the marriage. It also lets you both live separate lives, meaning you can but don’t have to live together – the marriage remains intact.

You can see why this is a favored way to go, especially in the litigiousness common in California when it comes to divorces. During a legal separation, you are required to do the court paperwork and go through a process, nearly identical to a divorce. Don’t expect this to happen very quickly. 

In California, you will have to pay a fee to start the process, and it costs $435.00 – although in certain jurisdictions it may cost a little more. Issues such as child custody, property, and assets and liabilities are the same as they are in a divorce. When it comes to child custody issues you are afforded the same rights as in a divorce. You have the right to visitation, support, custody share, and alimony too. You mustn’t try to deny your partner these rights. 

During a separation, it is recommended that you do not immediately jump into a new relationship. You shouldn’t ever attempt to get a separation without agreeing to it with your partner. It’s important also to not try to alienate your partner from your kids, doing so could come with serious legal implications and hurt your chances for a favorable settlement in the future if you do ever get a full-divorce. 

If you decide later to go back to a normal marriage you may, which is one major bonus to a legal separation. The best thing is that you can protect your financial assets and interests, and other property rights while you two determine if you want a divorce or not. 

Both you and your spouse must agree to the legal separation if not, the court CANNOT render a judgment or accept the legal separation paperwork (See California Family Code Section 2345). If one party fails to show up to court or answer the petition, then the court can decide, but if one party doesn’t want the legal separation then it will not go through, and the petition will be denied.

If you have any questions on how all this works, seek the legal advice of an attorney who specializes in legal separations and divorce.