Legal Separation

California Legal Separation Information

Most people who consider getting a legal separation in California do so because they are not sure whether they really want to divorce their spouse. They often are looking for ways to protect themselves from being financially responsible for their spouse's debts. In fact, a legal separation is normally not recommended for people in these situations.

A legal separation is litigated just like a divorce. All the assets and debts are divided. Custody and visitation is decided. Spousal support and child support are ordered (if appropriate). Attorney fees are ordered. Just like in a divorce, there is a trial and a judgment is entered. The only difference is that a legal separation requires no waiting period, both spouses must agree to the legal separation, and if one spouse wishes to go through with the divorce at a later time he/she must file new paperwork with the court to have the marriage dissolved. A legal separation is only appropriate in a very narrow set of circumstances. The most common circumstances include where both parties' religious beliefs prohibit a divorce or where one party needs the other party's medical insurance due to health reasons.

The reason a legal separation is not advised is because it calls the bluff of the other party. If a spouse files for a legal separation it forces the other spouse to get an attorney and file paperwork with the court. The other spouse usually decides that if he/she has to litigate in divorce court, when the process is over he/she wants to be divorced.

As for a legal separation protecting the parties from the other's debts, this is not necessary. In California, there is a difference between a "legal separation" and being 'legally separated." A legal separation is a formal court process dividing the parties' assets, but not dissolving the marriage as discussed above. Being legally separated is the date that one spouse decides, once and for all, that he/she no longer wants to be married, and that there is nothing anyone can do or anything that can happen that can change his/her mind. The date is the parties' date of separation. On the date of separation, whether or not a legal separation has been filed, the parties stop being husband and wife. Any debts incurred after that date are the sole responsibility of the spouse who incurred them. Any assets acquired after that date are solely owned by the spouse who acquired them. Of course, there are exceptions to every rule, so you should consult one of our divorce and family law attorneys before making any assumptions about your own particular situation.  If you have any question concerning a legal separation, or any family law matter, please contact one of our family law attorneys to arrange for a free consultation.