Divorce and Legal Separation
Divorce Procedural Basics
Effect of a Divorce: A divorce makes you a single person again. It gives you an independent life. Divorce terminates the financial partnership you had with your spouse, so the income you earn will only belong to you. Only you decide how to raise your children and spend your money.
Property: In general, Divorce divides all property that you and your spouse accumulated from the date of your marriage. Usually, the name on the property does not matter. If your spouse has bank accounts only in their name, then it is likely you own at least half of all they have in those accounts, given it was accumulated after your marriage.
Permission: You do not need the permission of your spouse to file for a divorce in California.
State Residency: You must have lived in California for the last six months.
County Residency: What county do you live in? You must have lived in that county for the last three months.
Spouse Moved Out: If you are not currently living with your spouse, then please get legal advice soon, as your property, support, and/or custody rights may be negatively affected.
Still Living with Spouse: You can go through a divorce and still live with your spouse. That can be difficult, but it is done often. If you want a divorce, but do not want to live with your spouse while you go through the divorce, then get legal advice before you take any divorce action. If you want to move out from your spouse, then get legal advice before you move out, as your property, support, and/or custodial rights may be negatively affected.
Your Home: You may be able to keep your home after your divorce. If this is very important to you, then you should get legal advice before you take any steps to obtain a divorce.
Child Support and Spousal Support: You may have to pay child and/or spousal support, or you may be entitled to receive child and/or spousal support. These are also issues you need to discuss with your attorney before filing for divorce.
Legal Separation Procedural Basics
Effect of Legal Separation: A Legal Separation does most everything a divorce does, but you still stay married. You cannot remarry if you have a Legal Separation.
So Why Get a Legal Separation: For religious reasons – some do not want a divorce because it conflicts with the tenants of their faith. To protect income – some just want to divide their wealth equally, but then still want to be married. For health insurance – some can continue on their spouses’ employment provided health insurance if they have a legal separation and not a divorce.
Permission: To get a legal separation, your spouse must agree. That is dramatically different from a divorce. To get a divorce, you do not need your spouse’s permission.
Risk: After you get a legal separation, your spouse can change it to a divorce at any time without your permission.
State Residency: There is no residency requirement you have to fulfill before filing for a legal separation. You can file for legal separation even if you have only lived in California for one day.
County Residency: There is no county residency requirement you have to fulfill before filing for a legal separation. You can file for legal separation even if you have only lived in your California
city or town for one day.
Issues: All the issues you have in a divorce – separation of property, spousal support, child support, custody, etc. — are issues you have in a legal separation action, with all the same
concerns.
Next Steps
Financial Information: Locate the last 1-2 years of your tax returns. Look for any recent pay stubs. Print out the last month of bank and financial account statements.
Talk to a Family Attorney: A meeting with an attorney is strictly confidential, even if you do not hire that attorney. That includes an initial consultation. Larose Law provides initial consultations free of charge.