If you are prepared to end your marriage, you have several legal alternatives to choose from in California. Most people automatically choose to file for divorce, but some prefer legal separation. California law allows for three terms for changes in a marriage:
- Separation
- Divorce
- Legal separation
This article briefly describes each of these options. However, to better understand what the best option for you is, it is best to consult with an experienced Central Valley divorce attorney.
Separation
Separation for many simply means to live apart from one another. You will not need to file any legal documents with the court to physically separate from your spouse. The law does not require you to live with your spouse. However, you should note that separating from your spouse may impact certain legal rights. You should discuss your decision to physically separate from your spouse with your lawyer prior to doing so.
If you do physically separate, you will need to make sure to work out certain arrangements with your spouse, such as child care, support and payment of expenses. Your Central Valley divorce attorney or a mediator can help you and your spouse reach an agreement.
Legal Separation
California is one of few states that allow married couples to legally separate without getting a divorce. A legal separation is an official court order from the state where you and your partner live apart and carry on your lives separately. Many couples decide to live apart, but some choose to continue to live under the same room when they are legally separated. In 2017, the state passed a law allowing couples to live separate and apart while living under the same roof.
Grounds for legal separation include irreconcilable differences or incurable insanity. Also, several important elements are factored in the process of legal separation, such as child custody, division of property, protection of assets, and spousal support.
Divorce
Divorce is the most common way of ending a marriage. In California, a divorce proceeding can take at least six months to complete – even if both parties agree to the dissolution immediately. This length of time is due to the California’s divorce requirements and mandatory six-month waiting period.
Call an Experienced Central Valley Divorce Attorney
If you are in the process of getting a divorce or plan on initiating one, it is important that you have a knowledgeable attorney fighting for your rights. For more information or to schedule a complimentary consultation with a Central Valley divorce attorney, please call Gurjit Srai (209) 323-5558 or complete our online form.