A legal separation action can be filed by a married person who wishes to maintain the marital status but separate and resolve all other issues of the marriage. The Court will issue orders for custody and visitation of minor children of the marriage, child support, spousal support, and confirm or award community and separate property assets and debts. However, if the other party responds to the paperwork and requests a dissolution of marriage, the Court will move on from the separation proceedings and grant the dissolution of marriage.
A legal separation in California does not end a marriage or domestic partnership. You cannot marry or enter into a partnership with someone else if you are legally separated (and not divorced). A legal separation is usually for couples that do not want to get divorced but want to live apart and decide on money, property, and parenting issues. Couples sometimes prefer separation for religious reasons.
The Family Formation Law Center provides legal counseling throughout the entire legal separation for both marriage and domestic partnerships. We invite you to contact our office to schedule a consultation.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.