Legal Separation in Corona, California
Legal separation is a type of case that is permitted in California. It is significantly different than a divorce in one way, in that the result is that parties remain married. However, legal separation cases are very similar to divorce cases in many ways, as explained below.
Forms necessary to file for legal separation
In California, a spouse is permitted to file a Petition for Legal Separation, which is on a form that opens a new case and allows the spouse to seek a judgment of legal separation. If children are involved, a form describing the residential addresses for the children for the preceding five years, as well as disclosing any other cases involving the children, must be filed with the court. This form is called the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). You will also need a case cover sheet, Summons, Declaration of Residence, and Confidential Contact Information (if pro per) in order to file the case with the Riverside County Family Court.
When the forms are delivered to the Court Clerk, the Clerk issues the Summons and assigns a case number and Judicial Officer. The documents must then be properly served on the Respondent.
What does legal separation mean?
The goal for a person filing for legal separation is to obtain a judgment from the Riverside County (serving Corona, CA) that states that parties are no longer legally financially tied to each other; yet the parties retain their status as married. Many of the rights and obligations of a legally separated spouse terminate upon a judgment of legal separation; for example, the obligation to support the person’s spouse is terminated, the ongoing fiduciary duties that spouses are governed by no longer apply, the parties’ respective obligations to parent and support their children will be determined by the judgment, and so forth. In most ways, legal separation cases are the same as divorce cases, except that the parties simply retain their status as married persons.
Why would someone want a legal separation vs. a divorce?
The question of why a person would seek a legal separation rather than a divorce is often a personal choice by the filing party. Often, religious reasons play a part in the determination to seek legal separation. Other times, although rare, a spouse may have the right to stay on the health insurance coverage of the other spouse if their marital status remains intact. Finally, there may be other reasons for parties to stay married related to business operations, retirement plans, or other like circumstances.
For more information about divorce, click here.
What if my spouse wants a divorce, but I want a legal separation?
If one spouse wishes to obtain a judgment dissolving the marital status of the parties, he or she has an absolute right under California law to obtain such a judgment. The person seeking the legal separation cannot stop the dissolution of marital status from happening, so his or her request for legal separation becomes moot.
Are Financial Disclosures Required?
Yes. Just like in divorce cases, parties to a legal separation case are required to exchange their Preliminary Declaration of Disclosure, which includes a Schedule of Assets & Debts and Income & Expense Declaration. Until the judgment of legal separation is entered by the court, the parties have an ongoing legal obligation (called a “fiduciary duty”) to ensure the “community” assets are maintained, all material investment opportunities are disclosed, and to report and disclose everything about that party’s income, expenses, assets and debts. This fiduciary obligation exists even though the other party may not request such disclosure. Parties are also required to complete and serve their Final Declaration of Disclosure, which supplements the Preliminary disclosure with new information.
What is the Residency Requirement for Legal separation?
The only requirement for a person living in California, in Riverside County, to seek a legal separation is that they live within the County lines. Unlike dissolution of marriage, there is no minimum requirement that a person live in California for six months before they are permitted to file for legal separation.
What is “pleading in the alternative” for legal separation and divorce?
Often, when a person does not meet the California residency requirement to file for divorce, he or she can file a petition asking for both a divorce and legal separation. Because there is no residency requirement for filing a legal separation request, the petition is properly filed and accepted by the clerk. By pleading in the alternative, the case can proceed while the petitioner lives in California and will meet the residency requirement while the case is pending.
Will there be a trial in a legal separation case?
If the parties to a legal separation case do not reach a global settlement and resolve all the issues involved in their case, there will be a trial on the issues that remain outstanding. For example, the court will make final orders regarding child support, spousal support, division of community property and assignment of separate property, parenting time for the parents, and so forth. The trial is conducted by one judge or commissioner, and there is no jury. If you have a trial scheduled in your case, hire an attorney immediately.
What is the difference between “legal separation” and “date of separation”?
These phrases sound similar but are very different in the legal sense. The Date of Separation is a legal term that establishes when the parties’ financial ties to each other ended; however, there is no legal document created for this date. It is ultimately determined by the court if the parties do not have an agreement as to that date. Normally, the date of separation occurs when one party moves out and the parties separate their finances, with the intent to divorce. A legal separation is a judgment that is entered by the court legally establishing that “date of separation” date, and includes an actual judgment (court order) setting forth the division of assets, support to be paid, and parenting time if children are involved.
Should I seek a legal separation or divorce?
You should contact a family law (divorce) lawyer to determine whether you should request a legal separation or dissolution of marriage. While legal separation cases are rare, they are appropriate in certain circumstances and you should seek the advice of counsel to determine whether such a case is appropriate for you.
Does Wilkinson & Finkbeiner, LLP offer a free consultation in Corona?
Yes, our office is located at 255 E. Rincon Street, Suite 211A, Corona, California 92879 and we provide a free, private consultation regarding legal separation and divorce matters. Call our office today at (951) 444-5530 or send us an email to schedule that private meeting.