Posted by DivorceLine in A California divorce separation is a legal separation where the court makes orders about youngsters, help, and property but enables the couple to live apart whilst legally joined.
This is helpful for couples who can’t live together but have religious or moral reasons to stay away from divorce; or emotional or financial reasons to delay divorce. A divorce is commonly a far better alternative than a Legal Separation unless you have strong reasons not to get one.
Whilst the official terminology is “Legal Separation” instead of “divorce separation”, since 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 normal divorce. Here are three of them:
1. One. 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 three-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 prior to it can turn out to be final. The only time limitation is how rapidly 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 instantly on filing for it if your papers are all carried out and the Respondent signs the Appearance, Stipulation and Waiver form (FL-130).
3. Both spouses should consent: According to California Family Code 2345, a court could not render a judgment of Legal Separation with out the consent of both parties, unless 1 party fails to make a general appearance (defaults). If your spouse contests the California divorce separation you will must work out the terms to reach agreement on the problems. Then your spouse can file an Appearance & Waiver to let the case go on. If you completely can’t get agreement, you will possibly will need a lawyer.
How to fill out the forms
To file for a California divorce separation, you use the exact same California divorce forms that you would use for a typical divorce, but you have to do a few things differently. Complete directions for how to do this are beyond the scope of this article, but here are some suggestions:
Marital Settlement Agreement: The wording utilized in a Settlement Agreement for a divorce is not written for a Legal Separation, so you will should 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 easy agreement, so if you have any doubts or questions about debts, taxes, bankruptcy or future responsibility for your spouse, you need to get aid 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 One, do not check any box for RESIDENCE
For Item 6 (on the back side of the form), check the boxes for items 6(b)(One) — Legal Separation
based on irreconcilable differences — instead of boxes for Dissolution at 6(a)(One).
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 due to the fact 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 One.
Leave blank the section that asks for “Efficient date of termination of marital status.”
Going to a Hearing
You will must modify your testimony to fit the wording for Legal Separation. Maintain 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 individuals obtaining divorced would use “Dissolution” or “Divorce.”
When your Judgment is entered, you are legally separated and you need to file taxes as an unmarried individual beginning with the year in which your Judgment is entered. This indicates you can file either as single, or head of household if you have a qualifying dependent.
