Legal Separation Agreement In California
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FAQ
A marital separation agreement may be drawn before or after you have filed for divorce ? even while you and your spouse are still living together. When you initially execute a marital separation agreement you usually do not have to file the separation agreement with the court to be effective.
Generally, the fee for filing a legal separation petition with the court will be $435. This fee applies not only to the filing but also to any response you might submit. Contact a Ventura divorce attorney for more information about navigating these fees.
To file for a legal separation, only one spouse must live in California. There's no time requirement. If a spouse wants a divorce and doesn't want to wait to meet the residency requirements, they can file papers (a petition) to ask for a legal separation.
In general, a separation agreement covers: Basic information such as the date you were married, the date you separated (or will separate) Who the children will live with (if you have children) Who will pay which bills. How property, like your home and cars, will be divided up and cared for.
Family Code section 2345 states, "The court may not render a judgment of the legal separation of the parties without the consent of both parties unless one party has not made a general appearance and the petition is one for legal separation." That means both spouses must consent to a legal separation judgment.