"HOW DO I LEGALLY SEPARATE FROM MY SPOUSE?"

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: How do I legally separate from my husband in California? I would like to legally separate from my husband. What is my first step?

ANSWER: There is a significant difference between "separation" and "Legal Separation."

A "Legal Separation" is essentially the same as a Dissolution of Marriage, except that you remain married to your spouse, i.e., it results in permanent orders of child custody, child support, spousal support, and property division, BUT if you get a Judgment of Legal Separation, it will require a separate Divorce case to dissolve your marital status.

People who seek a Legal Separation are usually people whose religious beliefs do not allow them to Divorce.

The first step in a Legal Separation is to prepare and file the Petition for Legal Separation and its Summons (and any related documents), have a copy of the filed documents served on your spouse along with a blank Family Law Response form, and file a Proof of Service reflecting that service.

I think you mean by your question, how can you "separate" from your husband and have that separation recognized by the Court?

You can separate by telling your spouse that you intend to get a divorce, by writing to your spouse that you intend to get a divorce, by physically separating from your spouse (moving out of the bedroom may be sufficient if you don't continue to have an intimate relationship with your spouse), by not conducting your relationship with your spouse as though you are still married, and by filing an action for Dissolution of Marriage (i.e., a Divorce case) or a case for Legal Separation.

Separation comprises words conveyed to your spouse to the effect that your marriage is over and that you don't intend to resume your marriage, along with objective manifestations of your intentions.

This educational blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive L.A. Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, responding to questions posed to him about Divorce and Family Law.