Like many other states, California has a formal process its laws refer to as legal separation.
The process allows a couple legally to divide up their property and debts, create a parenting plan, establish spousal and child support, and basically, take all those steps couples going through divorce might take.
The big difference between a legal separation and a divorce is that the couple will remain legally married after the judge enters final orders or accepts a settlement agreement. Neither spouse would be free to marry another person after the proceeding unless they divorce later.
One legal advantage to using legal separation is that the residency requirements are relatively lenient. If one spouse is living in California, they may file for legal separation.
By contrast, filing for divorce requires that a person live in California for 6 months prior and for 3 months prior in the county where they file for divorce.
Aside from that, couples in Southern California may choose a legal separation for religious reasons.
They also may choose legal separation because they are hoping to reconcile or just feel that they or their children are not ready for a divorce. Sometimes, financial or business reasons play a role in this decision.
Those interested in a legal separation need to understand the process
Anyone in Calabasas, Santa Monica, Malibu or the surrounding communities who is interested in a legal separation should be aware that, in practice, both spouses must agree to this option. Especially before a final order, either spouse can ask for a divorce and easily get one instead of a legal separation.
Also, legal separation is not necessarily an easier family law proceeding just because the couple will still be legally married. Question about property division, children and other issues can be contentious, and a spouse will want to understand their options under California law.