California Divorce Separation - How It Differs From a Divorce and How to Get One

A California divorce separation is a legal separation where the court makes orders about children, support, and property but allows the couple to live apart while legally joined.This is useful for couples who can't live together but have religious or moral reasons to avoid divorce; or emotional or financial reasons to delay divorce. A divorce is usually a better option than a Legal Separation unless you have strong reasons not to get one.Although the official terminology is "Legal Separation" instead of "divorce separation", because of common usage I will use the two terms interchangeably. According to California law, there are six areas in which a California divorce separation differs from a regular divorce. Here are three of them:1. Residency requirement: You can file your case for California divorce separation in the California county where you or your spouse live, even if you just moved there. There is no 3-month/6-month residency requirement.2. Waiting period: Unlike a divorce, a Legal Separation in California does not have a six month waiting period after service of the Summons before it can become final. The only time limitation is how quickly you can complete the paperwork. But for the pace of bureaucracy, you can have your Judgment as soon as 31 days after serving the Petition (California Family Law form FL-100) and Summons (California Family Law form FL-110) if the case goes by default, or even immediately on filing for it if your papers are all done and the Respondent signs the Appearance, Stipulation and Waiver form (FL-130).3. Both spouses must consent: According to California Family Code 2345, a court may not render a judgment of Legal Separation without the consent of both parties, unless one party fails to make a general appearance (defaults). If your spouse contests the California divorce separation you will need to work out the terms to reach agreement on the issues. Then your spouse can file an Appearance & Waiver to let the case go on. If you absolutely can't get agreement, you will probably need a lawyer.How to fill out the forms

To file for a California divorce separation, you use the same California divorce forms that you would use for a regular divorce, but you have to do a few things differently. Complete instructions for how to do this are beyond the scope of this article, but here are some tips:Marital Settlement Agreement: The wording used in a Settlement Agreement for a divorce is not written for a Legal Separation, so you will need to change the wording wherever it refers to termination of the marriage or dissolution of the marriage.For a California divorce separation, this is a fairly simple agreement, so if you have any doubts or questions about debts, taxes, bankruptcy or future responsibility for your spouse, you should get help from a family law attorney.The Petition (California divorce form FL-100):

In the caption section, check the box for Legal Separation instead of Dissolution

For Item 1, do not check any box for RESIDENCE

For Item 6 (on the back side of the form), check the boxes for items 6(b)(1) -- Legal Separation

based on irreconcilable differences -- instead of boxes for Dissolution at 6(a)(1).Judgment (California divorce form FL-180)

For the caption, check the box for Legal Separation instead of Dissolution

For Item 4, do not check box 4a, nor enter a date for marital status to end because it does NOT end. Instead, check box 4b, Judgment of Legal Separation.Declaration for Default or Uncontested Dissolution (California divorce form FL-170)

In the caption, check the box for Legal Separation.

Check box 22 and do NOT check box 18, 19, 20 or 21.Notice of Entry of Judgment (California divorce form FL-190)

Check box 4 instead of box 1.

Leave blank the section that asks for "Effective date of termination of marital status."Going to a Hearing

You will need to modify your testimony to fit the wording for Legal Separation. Keep in mind the differences between divorce and Legal Separation listed at the beginning of this article and adjust your testimony accordingly, and use the words "Legal Separation" everywhere that people getting divorced would use "Dissolution" or "Divorce."When your Judgment is entered, you are legally separated and you must file taxes as an unmarried person beginning with the year in which your Judgment is entered. This means you can file either as single, or head of household if you have a qualifying dependent.

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How Separation agreement helps with involving the court

Breakdown of the marriage Separation is an alternative way to protect and maintain the matrimonial relations. Divorce terminates the matrimonial relations. Separation does not breakdown the marriage. Separation must be considered before demanding and applying for divorce. Separation agreement is only legally binding when the both parties enter into agreement with their free consent and without any undue influence and fraud. Grounds for getting a divorce There are five grounds for getting a divorce. Such as: •Adultery, •Unreasonable behaviour •Desertion •Two year separation •Five year separation The parties to separation may enter into agreement without any ground. It is not necessary to get the court order for separation. A written separation agreement is only sufficient. No interference of the court Separation agreement helps the parties to settle the things without involving the court. It provides the amicable solution. It must be fair and just and there must be no injustice with any party.

Documentary evidence It is an important document. It is not the requirement of the law that agreement must be in a written form. It can be oral or written. However, written agreement is called documentary evidence that records the intention of the parties. Documentary evidence is always superior to the oral evidence. Primarily, courts always consider the documentary evidence because it is considered as primary evidence. Time period for entering into deed of separation It is the option of the parties to end the marriage or not. However, sometimes couples want to get a divorce but due to legal formalities; they cannot get a divorce. To get a divorce, both parties must be a legally married for at least one year. You can use the separation agreement as a ground of divorce. To file a divorce petition one party must prove the marriage has broken down irretrievably. They do this by relying on their circumstances into one of five facts (i.e., adultery; unreasonable behaviour; desertion; two year separation; five year separation).

Secure the matrimonial relation The separation agreement (agreement) maintains the relation of husband and wife. The deed gives the sense of security to the children because their parents are not divorced. It is made between the couples who do not like to live together, and it defines the rights and obligations of the both parties. Determination of separation Divorce terminates the relationship of husband and wife. It is the usual practice that when the one partner leave the matrimonial home and start living separately, is considered as separation. However; you are legally separated even you are living in the same home but leading the separate lives. Amicable solution A separation agreement is not a divorce. The deed of separation is legally binding and can be used as evidence to establish the terms of a future divorce petition. The separation agreement is also known as deed of separation. It can also help avoid having to go to court to settle things – now and in the future. Important provisions of agreement A deed of separation must incorporate the following provisions. Such as: •maintenance payment for the spouse and any children •arrangement for children •division of property, money etc •who your children should live with and have contact with •any other conditions you want to agree, like not annoying or disturbing your former partner Net Lawman provides the comprehensive separation agreement. Such as: Separation agreement Comprehensive and effective separation agreement suitable for a couple (whether married, in a civil partnership, separated or just living together) who wish to record the agreement that they have reached in relation to their living arrangements, finances, children and joint assets and liabilities

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