How to Get a Legal Separation in California
If you are not ready to divorce but want to live separately while protecting your legal and financial rights, legal separation in California may be the answer. Legal separation follows many of the same steps as divorce, but it leaves you legally married while giving you a court approved arrangement for property, custody, and support.
What is a legal separation in California?
A legal separation is a court process that resolves the same core issues as a divorce. You and your spouse can divide assets and debts, set up spousal and child support, and create custody and visitation orders. At the end of the process you remain legally married, but you live separate lives under a court approved agreement.
If you’re not ready for divorce, but still want to live separately and protect your legal and financial rights, legal separation might be the right option.
How legal separation is similar to divorce
- You file documents with the family court and formally serve your spouse.
- You exchange financial disclosures and negotiate or litigate issues like property division, custody, and support.
- The court issues orders and/or a judgment that governs rights and responsibilities going forward.
How legal separation differs from divorce
- Marital status: With legal separation you remain legally married. A divorce ends the marriage.
- Flexibility for personal reasons: Some couples choose separation for religious, financial, medical, or personal reasons that make divorce undesirable.
- Potential future reconciliation: Remaining married can make reconciliation or certain financial arrangements simpler if you later decide to reunite.
Step-by-step: How to get a legal separation in California
- Prepare and file the petition with the county family court to begin a legal separation action. The forms mirror divorce forms.
- Serve your spouse with the petition and required documents, providing official notice of the proceeding.
- Exchange financial disclosures so each party has full information about income, assets, debts, and expenses.
- Negotiate an agreement covering property division, spousal support, child support, custody, and visitation. Many couples settle through negotiation, mediation, or with attorney assistance.
- Submit the agreement to the court for approval. If the court approves, the terms are entered as court orders or a judgment of legal separation.
- Handle unresolved issues by motion or trial if you cannot reach agreement on certain topics.
Why couples choose legal separation
- Religious or cultural reasons that discourage divorce.
- Medical or insurance concerns, such as maintaining health insurance benefits tied to marriage.
- Financial planning goals, like preserving pensions, retirement benefits, or tax status.
- A desire to live apart and obtain formal protections without terminating the marriage.
Real client example
We recently helped a couple who wanted to remain married for religious reasons but needed to divide assets and set up support. Legal separation gave them the structure they needed without finalizing a divorce. They completed full financial disclosures, negotiated property division, and established support arrangements that the court approved. The result was legal stability and clarity while preserving their marital status.
How a full-service legal separation process works
A streamlined, full-service approach handles everything from start to finish:
- Flat-fee legal separation and divorce services to avoid unpredictable hourly billing.
- Preparation and filing of all court forms and documents.
- Assistance with disclosures, negotiations, and drafting of agreements.
- 100 percent remote processing with California courts when available, reducing travel and stress.
- Guidance to ensure agreements are court approved and enforceable.
Is legal separation the right choice for you?
If you are considering legal separation for financial, medical, religious, or personal reasons, get informed about your options. A legal separation can provide the same protective structure as divorce but without ending the marriage.
For a clear explanation of how legal separation would apply to your situation and help with the full process including filing, disclosures, and agreements, schedule a free consultation. Visit divorce661.com to learn more and get started with confidence and peace of mind.
