California separation — legal separation rather than divorce — resolves property, support, and custody without ending the marriage. Understanding how do you file for separation in California and the benefits of staying married but separated helps couples make an informed decision.
How Do You File for Separation in California?
How do you file for separation in California? File a Petition for Legal Separation (FL-100) with your county Superior Court. The same residency requirements apply as for divorce — six months in California and three months in the filing county. The court can enter orders on property, spousal support, custody, and child support — identical to divorce orders — but the marriage remains legally intact. California separation does not end the marriage and you cannot remarry while legally separated.
Benefits of Staying Married But Separated
The benefits of staying married but separated in California include: continued access to a spouse's health insurance; continued accumulation of Social Security marriage-length benefits (the 10-year threshold for divorced spousal benefits requires the marriage to remain intact); religious or personal objections to divorce; and potential tax benefits. Legal separation also allows easier reconciliation — no new marriage license required. Furubotten Law, APC handles legal separation proceedings throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.