Legal Question in Family Law in California

Legal Separation

If I decide to do a legal separation in the state of California and I later decide to get completely divorced, can I get divorced in another state other than California?


Asked on 1/27/06, 6:36 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Legal Separation

A legal separation is a final dissolution. It is a divorce but called a separation to meet the needs of those with a religious prohibition to divorce. Call me directly at 16192223504.

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Answered on 1/27/06, 9:56 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Legal Separation

A legal separation is not a divorce. When the judgment is entered the parties are still married, but there is a judgment that the parties are living separately. To dissolve the marriage would require a court order. Most people just dissolve the marriage rather than go through the legal separation step first. As to getting a divorce in another state, the answer would require research. Howver, the general rule is that any state in which one of the spouses is a resident would have jurisdiction over the marriage. Family Code section 310 provides that a marriage is dissolved by FAM �310.

Means of Termination

Marriage is dissolved only by one of the following:

(a) The death of one of the parties.

(b) A judgment of dissolution of marriage.

(c) A judgment of nullity of marriage.

A legal separation does not dissolve the marriage.

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Answered on 1/29/06, 2:16 am


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