What are the grounds for seeking a legal separation?

In California, there are two grounds for seeking a legal separation: irreconcilable differences or incurable insanity. If the couple does not wish to divorce but wants to live separate lives, they may seek a legal separation on the grounds of irreconcilable differences. This means that the couple recognizes that their differences are irreconcilable and no efforts or counseling can repair their marriage. As a result, they are unable to live together any longer. The other ground for a legal separation is incurable insanity. This means that one of the spouses has a mental illness that is either permanent or incurable and that makes it impossible for the couple to live together and continue the marriage. Both of these grounds support the legal separation but does not end the marriage. Legal separation requires a lot of paperwork and processing. Couples must file for separation in the county where they last resided or the county where one spouse has been living for at least the last three months. During the process, couples should determine a financial plan for both parties including support arrangements, who will retain ownership of the marital residence, and who will keep personal and family items such as furniture and other belongings. Besides paperwork and financial arrangements, couples must also revise their marital status for insurance, taxes, banking and other legal documents. Once the necessary forms and legal documents are completed, the court will issue a judgment to finalize the separation. Legal separation is a complicated process but it allows couples to live separately while still maintaining some of the legal benefits of marriage.

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