Legal Separation Paperwork in California

The court says that in a legal separation you stay married and cannot marry someone else. The court can still divide property and debts and make support, custody, and attorney fee orders. There is also no 6-month waiting period, unlike divorce.

Largely, yes. The court says legal separation uses the same forms as divorce with the legal separation boxes checked. It needs only one spouse to live in California, with no time requirement, and it can usually be changed to a divorce before it is final.

The court lists religious, personal, and financial reasons, such as keeping a spouse on an insurance or benefit plan, or not yet meeting the residency rules for divorce. We prepare the paperwork and do not advise which option fits your situation.

The court says a legal separation can usually be amended to a divorce before it is final. If you direct us to, we prepare the amended petition forms. We do not advise whether to make that change.

No, you and your spouse decide the terms, and we prepare the agreement to match them. The court warns that property agreements are very hard to change, so read every page before you sign.