What Is Legal Separation in California?

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A legal separation is a formal and legally binding agreement that divides debt, assets, and property between spouses; it will also address the issues of support and custody. Creating a separation agreement is similar to getting divorced, with the main difference being after a legal separation is finalized, you are still married.

Should You File For Divorce First?

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When you file first, you’ll have more time to find and organize. You define the temporary orders. You can save up for legal fees and other costs. However, if you aren’t prepared, you can make a bad impression in front of the judge. Don’t file first just to be first.

Date of Separation in California

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The established date of separation is the date on which one spouse expresses intent to dissolve the marriage, not the date one spouse moves out or files a petition. Once the date of separation is established, that’s the cut-off point. After that, any monies earned, property acquired, pension or retirement benefits accrued, belong to one spouse, not both.

How Long Does The Divorce Process Last?

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California has a 6-month mandatory waiting period. The clock starts when the other party is served or files a response, whichever comes first. Common factors that lengthen the process include contention over asset division, custody disputes, and determination of support payments. A divorce may require a period of discovery or investigation.