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Why Get a Legal Separation Instead of a Divorce? Choosing between a legal separation and a divorce is often a matter of personal preference. Some people have religious or personal beliefs that do not allow divorce, so a legal separation allows them to remain married while being able to live completely separate lives.

A Legal Separation can Protect Your Interests. If you're having serious problems with your spouse, a divorce might seem like the only way to split off and protect your finances. However, a legal separation may offer the same protection as a divorce and in some cases works out better.

A legal separation, is a court order that mandates the rights and duties of a couple while they are still married, but living apart; in a divorce, the spouses are no longer married.

A legal separation occurs when a married couple makes a formal (legal) decision to live separate lives, often while considering or preparing for divorce. There are many reasons that a couple may prefer a legal separation instead of a divorce, including religious beliefs, tax issues, or other financial reasons.

You do not need to file court papers to separate. The law does not require you to live with your spouse. However, separating from your spouse may affect your legal rights. The best way is to talk to a lawyer before separating.

You do not need to file court papers to separate. The law does not require you to live with your spouse. ... To get a legal separation you must file a petition in your Superior or Family Division Court. It is a distinct legal product rather than being a first step to getting a divorce.

The total cost of a legal separation can range anywhere from less than $1,000 for an amicable case resolved by a separation agreement to over $100,000 for a hotly contested matter involving battles for child custody, alimony and the disposition of a highly complex marital estate.

In some states that recognize judicial separation, such as Connecticut, you can be legally separated within four to six months after filing your initial paperwork with the court. This process requires that you and your spouse resolve issues on your own and memorialize your terms in a signed settlement agreement.

Separation simply means living apart. You do not need to file court papers to separate. The law does not require you to live with your spouse. ... To get a legal separation you must file a petition in your Superior or Family Division Court.

A legal separation, is a court order that mandates the rights and duties of a couple while they are still married, but living apart; in a divorce, the spouses are no longer married.

You must satisfy the courts rules and file for divorce using the ground 5 years of separation with no consent required; but this can be tricky if you've lost contact with your spouse.

California's statewide fee schedule is available here. The fee to file a Petition for Legal Separation is $435 (the fee may vary in Riverside, San Bernardino, and San Francisco counties). If you are low-income and cannot afford to pay the filing fee, you can file a request for a fee waiver, numbered FW-001.

Legal separation allows a couple to divide their assets and debts without ending their marriage. The legal separation process in California allows the couple to lead separate lives, but their marital status does not end. ... The petitioner must file a petition for legal separation.

Can You Still Live in the Same House and Be Legally Separated in California? Many couples file for divorce or legal separation and start living as individuals again. The law allows you to immediately return to a single lifestyle with the caveat that you are still officially married.