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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. To get a legal separation you must file a petition in your Superior or Family Division Court.
Many states allow married couples that wish to live apart as separate entities the option of filing for a legal separation instead of a divorce. If you do not wish to hire an attorney, it is possible to file for legal separation yourself.
Many states allow married couples that wish to live apart as separate entities the option of filing for a legal separation instead of a divorce. If you do not wish to hire an attorney, it is possible to file for legal separation yourself.
If you have lived in the state long enough to meet the residency requirements, you will first need to file a petition for a legal separation. You can either retain a lawyer to handle this for you, or you can fill out your own separation agreement using online resources or those provided by state court websites.
Step 1: Confirm Your State's Residency Requirements. Step 2: Move to File for Separation Petition. Step 3: Move to File Legal Separation Agreement. Step 4: Serve Your Spouse the Separation Agreement. Step 5: Settle Unresolved Issues. Step 6: Sign and Notarize the Agreement.
Most importantly, a legal separation agreement will protect you from being responsible for any debt your spouse acquires during the period of separation if you live in an equitable distribution state. If you live in a community property state, you don't get this protection under a legal separation agreement.
The filing cost for a legal separation in California is currently $435, but that cost may vary in Riverside, San Bernardino, and San Francisco counties. Many issues are treated similarly to divorce during the legal separation process, such as property, assets, debt, and child custody.
The initial filing fee in California for a dissolution or legal separation is $35 for both parties. Keep in mind that both parties must agree to a legal separation, or you can't get one. The other party just responds asking for a dissolution and he/she gets it.
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