Legal Separation Laws

WHEN MARRIAGES GO SOUR IN CALIFORNIA

Marriages start out as blissful for most if not all couples. But, not all marriages are made to last. There are circumstances, whether intentional or incidental, that can cause marriages to go sour and result in the parties to the marriage wanting to separate from each other. It is easier to file for a legal separation with the legal separation laws in California. Unlike in other states, legal seperation laws in California do not require couples to establish residency before the petition for legal separation is heard. If the couple, however, wishes to file for a divorce after the legal separation is ordered, they can do so after the residency requirements have been met. The proceedings under legal seperation laws in California are the same as divorce proceedings, only the result is not a permanent dissolution of marriage.

Couples who wish to file for divorce after the legal separation can do so. The issues resolved in the legal separation including the division of property and liabilities as well as issues concerning the handling of children can be carried over in the divorce proceedings. One difference that legal seperation laws in California have versus those of other states is that if one spouse does not agree to a legal separation, the issue automatically becomes that of a divorce. There is also no waiting period for a legal separation to be ordered. It takes about six months, however, for a couple to finish divorce proceedings in California. Legal separation if often view as a temporary arrangement preparatory to a divorce. Couples whose marriages have gone sour but are still hopeful in continuing with their marriage are advised to go through marital counselling rather than to file for legal separation.

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