When you realize your marriage is no longer working out, you may be ready to throw in the towel and divorce. However, before you make such a permanent decision, it may be in your best interest to consider legal separation. You may be ready to end your marriage, but legal separation allows you to decide if divorce is what you really want.
It is more common than you might think for spouses to decide to rekindle their relationship after taking some time apart. If you are wondering whether divorce is the right move for you and your family, you may want to consider a legal separation first. Here is more about how legal separation works, what it means to divorce your spouse legally, and how the legal separation and divorce processes work in California.
How Legal Separation Works
When you move forward with a legal separation, you are considering the end of your marriage. During this time, you will live separately from your spouse. You are still considered married and cannot marry anyone else, but you should plan to work out the terms before the official legal separation date. You will need to figure out how you are dividing marital property during the separation and whether alimony or spousal support will be paid.
You may also need to discuss how you will share parenting time and whether the other parent is going to provide you with child support for the duration of your legal separation. However, keep in mind that without a child support order, the child’s other parent is under no formal legal obligation to provide you with financial support.
Why You Might Consider a Legal Separation
Although legal separation is the first step in the divorce process, you may not be quite ready to take the leap. You may have spent a significant amount of time deeply in love with your spouse and worry that divorce is not necessarily the right decision for you or your family. When you share finances, pets, children, and property, a legal separation can give you a chance to live your lives separately and decide whether divorce is the right fit.
You may also want to remain legally separated so you can continue taking advantage of the benefits you receive while married. For instance, if you get specific types of financial benefits or health insurance from your spouse, staying separated for the time being may be in your best interests.
The Process for Obtaining a Legal Separation Vs. Divorce
Whether you are interested in a legal separation or ready to file for divorce, you must initiate the process first. In either case, you will need to file a petition per California Family Code 2330 and pay the associated fee. According to the California Courts Self-Help Guide, the fee for filing for a legal separation or divorce is between $435 to $450. Your spouse will then need to be served with the legal separation or divorce papers.
Once your spouse has been served, you will need to determine whether alimony will be paid for the duration of your legal separation or once your divorce has been finalized and how you will separate your marital property while you are living apart. A legal separation can be converted into a divorce after a minimum of six months has passed as described by the Legal Separation section of the California Courts Self-Help Guide.