Legal separation allows a couple to divide their assets and debts without ending their marriage.
The legal separation process in California allows the couple to lead separate lives, but their marital status does not end.
The petitioner must file a petition for legal separation.
How long does it take to get a legal separation in California?
California’s residency requirement for divorce is six months, so you must live in the state at least this long before you can file. After you file and serve your petition for divorce on your spouse, she has 30 days to answer it.
How much does it cost to file for a legal separation in California?
The fee to file a Petition for Legal Separation is $435 (the fee may vary in Riverside, San Bernardino, and San Francisco counties). If you are low-income and cannot afford to pay the filing fee, you can file a request for a fee waiver, numbered FW-001.
Can I file for legal separation without an attorney?
A lawyer can advise you on your legal options, if an informal agreement is not possible. If you are not ready to file for a legal separation or divorce, but need the court’s help in getting child support or alimony (support for spouse) there is a special type of court papers that can be filed.
Is dating during separation adultery in California?
California is a “no-fault” divorce state. This means that the court does not concern itself with arguments over why the marriage failed. So, from the court’s view, dating another person while you are still married has no effect on spousal support.
Can you be legally separated and live in the same house in California?
So, now you can be legally separated and still live in the same house. The most common reason why couples continue living under the same roof after separating, though, is because it is incredibly expensive to maintain two households – especially in California — and the divorcing couple simply cannot afford to do that.
Do you have to pay alimony in a legal separation?
If you’re in the process of filing for divorce, you may be entitled to, or obligated to pay, temporary alimony while legally separated. In many instances, one spouse may be entitled to temporary support during the legal separation to pay for essential monthly expenses such as housing, food and other necessities.
How long does it take to get a divorce in California if both parties agree?
By law, it will take at least six months before a divorce is finalized.
Can I get my husband social security if we are separated?
However, the SSA will deem part of your husband’s income to be available to you only if you are legally married and living in the same household. However, it would be quite difficult to prove to the SSA that you and your husband are legally separated if you are still living together in the same household.
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