When couples make the decision to get married, they hope it lasts forever; however, life happens and some couples find themselves seeking a divorce. Each state has their own laws regarding how and when couples can make their divorces legal, including if the couple needs to be separated first. If you live in California, you may want to know, does California require separation before divorce?
Divorce vs. Legal Separation
Before knowing California’s laws regarding separation before divorce, it is important to understand the difference between the two. Legal separation means the couple lives separate lives, but are still legally married and unable to remarry during that time. In fact, in some states couples cannot enter into romantic relationships while separated as it can be considered infidelity.
Besides the inability to remarry while separated, other considerations are the financial aspects of separation. In a legal separation, couples decide how assets will be divided, child custody arrangements and visitation, and spousal support.
Types of Separation
In addition to legal separation, which is a formal separation filed in a family court, there are two other types of separation. As mentioned, in a legal separation, the couple will divide their assets, determine who is responsible for debts, and decide on custody arrangements if they have children. Although legal separation is not the same as divorce, it mirrors divorce in many ways and can be a viable option for couples as an alternative to divorce.
Another type of separation is a trial separation. In a trial separation, couples are “trying out” living separate lives before making the decision to divorce. There is no legal recourse in a trial separation; couples simply decide to live apart. A trial separation can lead to divorce or the couple working on their marriage. Typically, assets are not divided, and no formal custody arrangements are made.
Finally, there is permanent separation. In a permanent separation, the couple does not live together and intends to divorce. Permanent separation tends to be the next step couples pursue after trial separation. In some states, permanent separation changes the legal status of the couple and can determine how assets and debts are attributed. Permanent separation can be planned, or it can occur spontaneously, such as after a major fight.
Why Couples Choose Separation Over Divorce
There are many reasons couples choose separation before or instead of divorce. One of the most common reasons is for religious reasons. Some religions either look down upon or vehemently disallow divorce. In this case, couples may pursue legal separation as it is similar to divorce without making it official.
Couples may also choose separation to maintain financial benefits, such as remaining on their spouse’s health insurance. Additionally, in a trial separation, property and assets are treated the same as if the couple is not separated. In this case, if one spouse is having financial hardship, they can still financially depend on their partner while living separately.
Benefits of Separation Before Divorce
Divorce can be time-consuming, emotionally charged, and costly. Not only are there administrative fees involved, but lawyer fees can be expensive as well. For this reason, couples may choose legal separation instead, especially if they want to remarry down the line.
Further, legal separation can make divorce proceedings smoother since the major issues have already been ironed out.
California Laws for Separation Before Divorce
While couples may choose to separate before divorce, some states require it. California is not one of those states. Separation is not required before divorce in California, but there are residency requirements. To divorce in California, one party of the couple must have been a California resident for 6 months and must have lived in the county in which they want to file for divorce for 3 months.
For a legal separation, however, there is no residency requirement. As long as one partner lives in California, the couple can separate. This is why couples may choose to legally separate while waiting for the residency requirement in California.
FAQs
Q: Do You Have to Be Separated Before Divorce in CA?
A: You do not have to be separated before divorce in California. Though couples may choose to separate for religious, financial, or personal reasons, they are not required to do this before divorcing. The only requirement is that one spouse must have lived in California for at least 6 months before pursuing divorce.
Q: Why Would You Get a Legal Separation Instead of a Divorce in California?
A: There are many reasons for getting a legal separation instead of a divorce in California. For one, there are some religions that forbid or frown upon divorce. If the couple fits into such a religion, they may choose to legally separate instead. This way, they can live separately, their property can be divided, their debts can be separated, and they can make child custody and support arrangements.
Q: Can You Be Legally Separated and Live in the Same House in California?
A: No, you cannot be legally separated and live in the same house in California. In California, the paperwork for filing for legal separation and divorce are the same, and both imply that you and your spouse legally live separately. If you legally separate from your spouse, it is a court-mandated decision and should be treated as such.
Q: Can You Divorce in California Without Splitting Assets?
A: It depends. In California, you must have a court order before deciding how to split assets. Once you have the order, the judge will determine what assets are community property and separate property. Community property is typically split equally between parties, while separate property, which is property owned before marriage or after separation, remains with the party who owns it. Hiring a lawyer can help you decide how to split assets in your divorce.
Couples may choose separation for several reasons, including if they have children, if it’s more beneficial financially, or for religious reasons. Whatever the reason, it is important to understand the legal obligations of separation before divorce, especially if you live in California. If you need guidance about separation before divorce in California, contact Drury Pullen, APLC, today for a consultation with an experienced professional.