How to File for Legal Separation in California

Filing for a legal separation in California is not that different from filing for divorce, but you and your spouse get to stay legally married. Documentation must be prepared and provided to your spouse. If there are any issues that you and your spouse can't agree upon, the court will step in and determine the most suitable outcome on such issues.

Unlike divorce, legal separation is less time-consuming, more economical, and not as costly. And if you and your spouse choose to give the marriage another try, you won't have to go through the process of getting married again, making it much easier to reconvene your lives.

Legal separation in California

Many people confuse legal separation with physical separation. If you and your spouse are not living together but have taken no other action, you are only physically separated. Before you are considered legally separated from your spouse, you'll need to follow the steps below to understand how this process works in California.

1. Determine grounds for separation

Just like a divorce, when filing for legal separation in California, you must have grounds to do so. California specifically lays out the legitimate grounds as follows:

• Irreconcilable differences
• Legal incapacity

Under California law, these are the only reasons that qualify for a legal separation. But irreconcilable differences is broad and most people going through this process could fall into this category.

2. File Form FL-100

California Form FL-100 is the form you need to begin the process. Make sure you pay attention to the boxes as this form contains options to file for both a legal separation and a divorce. If you have children, the form also allows you the option of letting the court determine child custody issues. If your children are under the age of 18, California will also require you to complete Form FL-105.

Once you have completed the form and made sure you noted legal separation and not divorce, you need to file the form and pay the applicable fee at your county courthouse (usually $400-500). This fee can vary so check with your local clerk to find out how much you will need to pay. You can also ask about any waivers or discounts you may be eligible for if you meet certain conditions.

3. Serve your spouse

Finally, you need to have your spouse served with the paperwork. This is generally done by a process server to ensure that the paperwork is served correctly under the law. However, you can have any person over the age of 18 serve the paperwork too.

You may also mail the paperwork to your spouse. If you use this method, it's recommended that you choose certified mail so you can track the paperwork to the destination.

Your spouse has 30 days to file a response to the petition for separation.

4. Negotiate a separation agreement

If you and your spouse agree on the terms of your separation, you can negotiate a separation agreement covering issues such as spousal support, child custody, child support, and division of assets. If there are disputes, you'll both have to attend a trial so a judge can decide

5. Receive final judgment

Once all issues are resolved, the court will issue a Judgment of Legal Separation (FL-180), which legally separates you from your spouse while maintaining the marriage in the state of California.

Final thoughts

A legal separation is a cheaper and less time-consuming alternative to divorce. After going through this process, you can still file for divorce in California at a later time if you wish to do so. Choosing to legally separate from your spouse is not an easy decision to make. But once you've decided that it's right for your family, you can complete the process by following these steps.