Legal separation is an official separation of a married couple that is sought for many different reasons.  The most common reason for a legal separation is to set up a legally enforceable temporary arrangement while the couple decides upon a more permanent solution.  During a legal separation, the court will usually decree these temporary arrangements through a court order.  This degree generally mandates the division of bills, possession of property, financial support, and child custody issues throughout the duration of the separation. 

Legal separation is not an automatic step toward divorce.  Many couples will seek out a legal separation solely for the purpose of organizing their lives while they seek to reconcile through counseling or otherwise.  If the couple should decide to get a divorce, then they must take other independent steps to do so.

Because California recognizes domestic partnerships, domestic partners may also seek a legal separation in California.  There are, however, some differences between domestic partners and married couples due to the fact that the federal government does not recognize domestic partnerships.  For instance, partner support is unlikely to be taxable to the person receiving and tax deductible for the person paying.  Because the law allowing for domestic partners to obtain legal separations is new, there is still a lot of uncertainty with regard to the practical implications, especially pertaining to custody and tax issues.  Because of this, it is even more important for anyone trying to obtain a legal separation in his or her domestic partnership to seek the guidance of a legal professional though every step of the process.

In order to initiate the process of obtaining a legal separation in California, one must first file an action in the applicable court. Once an action has been filed, the non-filing spouse must personally be served with the appropriate paperwork.  If the non-filing spouse then appropriately responds, the case will either proceed as a contested matter or as an uncontested matter – depending upon the nature of the response.  If the non-filing spouse does not properly respond within the allotted thirty day period, then the filing spouse may seek entry of a default judgment in his or her favor.  If this happens, the filing spouse can complete the legal separation on his or her own.

If the separation is uncontested, then it is an easier process for all of the parties involved.  For a case to be uncontested, the non-filing spouse must be agreeable to all the requests made for financial, property, and (if applicable) child custody arrangements.  There will be fewer appearances in front of a judge, and it will be less costly in terms of court and attorney fees.  For a guide to uncontested cases of legal separation, click here.

In the case of a contested separation, the cost, time, and effort expended will rise exponentially.  The parties will have to go in front of a judge to decide every contested issue.  For a guide to contested cases of legal separation, click here.

A legal separation can be a trying process for everyone involved.  Unlike most judicial proceedings, family law cases involve deep emotional issues intertwined within the financial ramifications of the outcome.  For help finding a low cost attorney in California to guide you through this process, the California Courts Self-Help Center is a great resource.