How Long Does It Take to Get a Legal Separation in California? 2025
By Stephane Quinn | By Quinn & Dworakowski LLP |Legal separation offers an alternative to divorce, allowing couples to remain married while living apart or until they are ready to divorce. Unlike an informal separation, legal separation involves the courts and requires completing specific steps. One common question spouses have is: How long does it take to get a legal separation in California? We can tell you what to expect as the process unfolds.
Filing for Legal Separation
Filing for legal separation in California begins by completing forms such as the Petition for Legal Separation (FL-100) and Summons (FL-110). You do not need to meet a residency period before filing. Only one spouse must live in California, and you do not have to wait for six months as you would before finalizing a divorce.
If you and your spouse agree on important matters like spousal support and child support, a judge can review those requests and include them in the separation orders. If you and your spouse cannot agree on those and other matters, the process can be extended by several months as both parties work to come to an agreement.
These matters must be handled at a nearby Superior Court. Each of California’s 58 counties has its own Superior Court system. In Los Angeles County, cases are commonly filed at the Stanley Mosk Courthouse, located at 111 North Hill Street, Los Angeles, CA 90012. In Orange County, filings are handled at the Lamoreaux Justice Center at 341 The City Drive, Orange, CA 92868.
Court Processing Time
Court processing times vary by county and depend on the typical workload. There were 114,238 marital filings (dissolutions, legal separations, and nullities) in California in fiscal year 2020-2021, and the divorce rate in the state is approximately 6.9 per 1,000 women. In uncontested cases, where both parties can reach an agreement quickly, a legal separation can be finalized within a few months.
After filing, the next step involves properly serving notice of the separation to the other party. Your attorney can work with a certified process server who can come back with proof that the documents were duly served. If the responding party does not reply within a set period of time, you can request a default judgment.
Again, the main factor that determines how long a legal separation takes is how willing both parties are to work together to come to an agreement on the terms of the separation. Having strong legal representation on both sides can help as well.
Financial Support During Legal Separation
Legal separation allows a judge to set temporary support. This is especially important when children are involved. In the 2023 federal fiscal year, California collected around $2.5 billion in child support payments, and a large portion went directly to families. Requesting temporary orders can ensure that children from a marriage have the financial support they need for basic needs.
Once all important matters have been settled, the judge can enter a final Judgment of Legal Separation. Unlike a divorce, you do not have to wait for a legal separation to be final; however, the process will still be at the mercy of potential backlogs at your court.
FAQs
How Quickly Does a Legal Separation Happen in California?
The timeline for legal separation in California depends on whether the case is contested. Uncontested separations with full agreements can move faster, sometimes resolving within a few months. Filing paperwork correctly and responding quickly to court notices helps speed up the process. Delays happen when paperwork is incomplete, deadlines are missed, or spouses cannot agree on key issues.
What Are the Disadvantages of Legal Separation in California?
There are a few disadvantages of legal separation. Legal separation leaves spouses legally married, meaning they cannot remarry until they finalize a divorce. Financial obligations like insurance or debt responsibilities may also continue. Filing for legal separation still requires going through court procedures similar to divorce. Understanding these drawbacks before filing ensures you choose the right option based on your long-term personal, legal, and financial goals.
How Much Does a Legal Separation Cost in California?
Filing for legal separation in California requires paying court filing fees and potential service costs. Attempting to handle the case alone increases the risk of serious errors, which can lead to expensive delays or unfavorable outcomes. Working with an attorney ensures the paperwork is filed correctly, deadlines are met, and your legal rights are fully protected throughout the legal separation process.
Can a Legal Separation Become a Divorce in California?
Yes, a legal separation can become a divorce in California. In fact, this is commonly done by many married couples in the state. Either spouse can amend the legal separation petition to request a divorce once the residency requirements for divorce are met. This flexibility allows couples to start with a legal separation and later move to a full divorce without needing to file a new case.
How Do You Get Legally Separated in California?
To get legally separated in California, file a Petition for Legal Separation with your local family court and serve your spouse with the documents. If uncontested, you can submit a settlement agreement addressing property, custody, and support issues. Completing paperwork carefully and meeting all court deadlines protects your ability to finalize the separation quickly without hearings or paperwork rejections.
Schedule Your Legal Separation Consultation Today with Quinn & Dworakowski, LLP
Obtaining a legal separation in California can sometimes move faster than a divorce, as it does not require the mandatory six-month waiting period. If both parties agree on the terms and complete the paperwork correctly, the process can be finalized within a few weeks. However, disagreements over property, custody, or support can cause additional delays and complicate the timeline.
At Quinn & Dworakowski, LLP, our experienced family law attorneys are ready to guide you through the legal separation process. We can tailor our strategies to your situation while keeping your rights and future security as the central focus. Contact our office today to schedule a consultation.
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