A separation agreement is different from the formal process of getting "legally separated." In California, spouses that have decided to separate may enter into a "separation agreement," which is a legally binding contract that deals with all aspects of their separation, including issues of child support and custody or ...
How Do I File for Legal Separation in California? Decide on why you want a legal separation. Get a copy of the FL-100 Petition - Marriage form. Fill out the FL-100 form. Fill out a second form, FL - 105/ GC - 120. You should then ask a family lawyer specialized in legal separation to review the forms.
Before you are considered legally separated from your spouse, you'll need to follow the steps below to understand how this process works in California. Determine grounds for separation. File Form FL-100. Serve your spouse. Negotiate a separation agreement. Receive final judgment.
In California, the court does not require couples to file for a legal separation to file for a divorce. However, there is a 6-month “cooling off” period before a divorce is processed from the time the petition is served.
However, unlike obtaining an official "legal separation," you don't have to go to court to enter into a separation agreement with your spouse. A separation agreement allows couples to address important issues that will come up during their separation period, including: where the children will live.
Signatures and Notarization: A separation agreement is not complete without the signatures of both spouses and a notary. Notarization confirms that both parties signed the contract willingly, binding it under California law.
These documents can include: Wills and trust deeds. Advanced directives. Custody and guardianship agreements. Executorships. Court documents. Power of attorney.
You must have the signature of your spouse notarized. The court will mail this form back to you after the judge has signed the judgment. It's the official notice from the court that your divorce or legal separation is final.