Legal Separation in the State of California

Under California state law, legal separation ends each party’s commitment with regards to community property, meaning that subsequent earnings of one spouse are not automatically enjoyed (i.e. 50/50) by the other. Once the legal separation has been agreed upon, the spouses live as if they were divorced, just without ending their marriage. Long story short: the state of California considers legal separation to be nearly almost identical to divorce, and the process falls under the umbrella of many of the same laws.

What Does Legal Separation Look Like?

Pursuant to California state law, legal separation is filed on the same grounds as divorce — i.e. either “irreconcilable differences” or “incurable insanity.”

The legal separation process will determine the following:

In other words, legal separation resolves all issues except the official dissolution of the union.

A separation agreement is legally binding and must be signed by both spouses. The separation is intended to resolve issues regarding shared property, outstanding debt and child care. The legal separation process is often very complex, and it is highly recommended that you consult an experienced attorney before making a potentially life-changing decision.

Contact Bez Law Firm, P.C. Today

The attorneys at Bez Law Firm P.C. take great pride in offering experienced, compassionate legal counsel to residents throughout the Greater Sacramento Area. If you are currently interested in pursuing a legal separation, call our family law firm today.

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