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Legal Separation in California - Generally

Posted by attorney Joseph Torri

Legal Separations do not terminate a marriage or domestic partnership. You cannot marry or create a new legal partnership with another person if you are legally separated and the divorce is not final. Legal separations are for partners that want to live apart, decide the money issues, property and parenting. These parties do not want a divorce. Religion is one main reason parties elect a legal separation. California's residency requirement is not required to file for a legal separation. If a legal separation is filed, one may file an amended petition later to ask the court for a divorce once residency requirements are met. Parties can request court orders such as spousal support, child support, partner support, custody and visitation, domestic violence restraining orders, and other divorce orders.

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