After the petition for dissolution of marriage has been filed with the court, and properly served with a summons on the other party, the parties must wait a minimum of 6 months to become divorced. This 6 month waiting period cannot be shortened no matter how simple the matter, how amicable the parties, or how much they want the divorce to be finalized. In many cases, the parties are able to resolve all marital issues including division of property, spousal support, child support, and child custody in less than 6 months and are left counting the days until they can be divorced.

If you have recently moved to California, or live in California but do not meet the 6 month/ 3 month residency requirements, you could find yourself waiting up to 6 months to be eligible to file for dissolution, and then at least 6 more months to actually get divorced. In this situation you may be able to reduce your wait by up to 6 months by filing for legal separation first.

A Petition for Legal Separation Can be Amended to a Petition for Dissolution of Marriage

Legal separation is the termination of certain marital responsibilities without the termination of the marriage itself. People choose to file for legal separation instead of dissolution for religious and personal reasons. Legal separation is also used when the residency requirements for dissolution are not immediately satisfied. California Family Code Section 2321 allows a person to file a petition for legal separation and then amend that filing to a petition for dissolution of marriage after the 6 month/3 month residency requirements are met. In this situation, the amended petition for dissolution can satisfy the residency requirement, and the dissolution can proceed as quickly as if the original petition for legal separation had been filed as a dissolution. Filing and then amending a petition for legal separation can save up to 6 months over waiting to satisfy the residence requirements before filing for dissolution.

It is important to understand that depending upon the facts and circumstances of your marriage, your case, and your spouse, obtaining a divorce in California can take more than 6 months or a year. Many divorces are not finalized within a year of filing. For some people who do not meet California’s 6 month/ 3 month residency requirements, however, filing a petition for legal separation and then amending it to a petition for dissolution can help accelerate the resolution of marital rights and lead to a faster divorce. If you live in California, or out of state, and are thinking about getting a divorce or legal separation in California, you can call or email to schedule a free consultation with a los angeles family law attorney

Separate – Separate Property

One part of a divorce is the division of property. California is a community property state. All property obtained by either party during marriage is presumed to be community property and jointly owned 50/50, unless the acquisition of the property was the result of a gift or inheritance. Any property acquired during marriage that can be traced to separate property is also separate property. All other property, including property that was acquired before marriage or after the date of separation is separate property. Certain actions and/or agreements between the parties can transmute or change the character or the property from community property to separate property or vice-versa. Classification of marital assets as separate property or community property directly effects who gets what and how much.

Separated – Date of Separation

Normally, people consider themselves separated if they have left or been left by their spouse. This can be when you are considering filing for divorce, waiting to file for divorce, or have already filed for divorce. For California family law purposes, the date of separation is the date when either of the parties does not intend to resume the marriage. The date of separation is a precise date with important legal consequences. First, all property obtained after the date of separation is separate property instead of community property. Second, The date of separation, not the date of filing or the date of divorce is used to compute the length of marriage. In some cases, the date of separation is so important that the divorce is bifurcated or divided into two cases, with a separate trial held first to determine the date of separation.

Separation – Legal Separation

Legal separation is an alternative to divorce. In a legal separation, the custody, visitation, property and support issues are all resolved or decided by the court. The main difference between legal separation and divorce is that after a legal separation, the parties are still married. Legal separation is preferred to divorce in two types of cases. First, legal separation is useful for people who want an end to the marital relationship and want the court’s protection over property, support, and/or children but do not want to be divorced for various reasons. Reasons for preferring legal separation include religious beliefs and maintaining health insurance coverage that requires the parties to be married. Second, legal separation is used by people who do not meet the residence requirements for a divorce in California. Filing for a legal separation lets you request support, and property restraining orders before you could if you did not meet the six month state, or three month county residency requirements required for a divorce. A person can file for legal separation, and then once the residency requirements for dissolution are satisfied, amend the original petition for legal separation to a new petition for divorce, using the original petition’s filing date.

If you are thinking about filing for a divorce or a legal separation, you can call a Los Angeles family law attorney to schedule a free consultation.