Legal Question in Family Law in California

Most people who file for a Legal Separation is because they haven't established the residency requirement to file for a divorce. Also, just because you file a Legal Separation, doesn't mean that you are legally separated without a Judgment of Legal Separation. If you are filing for a divorce, the separation date that you use, is when you have determined that the marriage is over and that has been discussed with the other party. You can still be living under the same roof and be separated for the purposes of filing for divorce. The soonest that a divorce can become final in California is 6 monts and 1 day after the other party is served. I stress, that that is the soonest, but it doesn't happen automatically. A lot of people make the mistake of thinking that all they have to do is file, and 6 months later they are divorced. Not true.

BARRY BESSER

www.besserlaw.com

I think a lot of confusion comes from separation, which is when the parties live apart with the desire to remain apart indefinitely. That method of separation is important, because community property is generally defined as anything that is acquired by the parties from the date of marriage to the date of marriage.

A "legal separation" is a formal court proceeding, in which the court confirms that the parties are separated. But the parties still retain their marital status, and are not free to remarry.

A divorce is final when a judge signs a judgment terminating the marital status, restoring them to the status of single people.

A true legal separation is rare. It is essentially a divorce in all respects except the legal status of being married. Property is divided, support is ordered, and child custody established if there are children, just as if it was a divorce. It is really only used in three circumstances. 1. Where one of the parties wants and needs to become financially and personally disconnected from the other and cannot obtain California jurisdiction because they have not lived here long enough; 2. Where religious beliefs preclude divorce but the parties need to end the relationship and live apart; and 3. where the parties want a divorce but agree to remain married to retain some crucial benefit, such as medical coverage for a chronically ill spouse. A divorce is final when a final judgment is entered. However, the case can be bifurcated and a divorce judgment ending the marital relationship entered before the property, custody and support issues are finalized and a judgment entered on those issues. So until judgments have been entered on all the issues, it is not final. Also final is only sort of final if there are custody and child support orders. The court retains jurisdiction to modify those orders in the case of changed circumstances for as long as any child of the marriage is not yet 18 and out of high school, or 19 regardless of school status. The court may or may not reserve jurisdiction over spousal support as well. So the only thing that is really final-final about a divorce is the marital status and the property distribution.