What is the process for filing for a legal separation?

In California, the process for filing for a legal separation is a bit different from the process of filing for a divorce. A legal separation does not end a marriage, but is instead a way for spouses to live separate lives while still being legally married. The first step in filing for a legal separation is to have a separation agreement. This document should be written up and signed by both spouses, and should outline things such as finances, child support, and custody details. After the agreement has been signed, one spouse must then file a petition for legal separation in the court. The spouse who has filed must then provide the other spouse with a copy of the petition. The receiving spouse then has 30 days to respond to the petition. Once this 30 day period has passed and both spouses have responded, a hearing date will usually be set. At the hearing, both spouses must attend and the judge will make decisions regarding things such as spousal support, property division, and child custody. Depending on the situation, the judge may also grant a legal separation or grant a divorce. Once the legal separation has been granted, the separation agreement should be filed with the court, and the spouses will then be legally separated and entitled to their legal rights. Legal separations can be complex, so it is important to seek help from an experienced family law attorney. A lawyer can provide advice regarding the legal separation process, help draft a separation agreement, and provide necessary representation in court.

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What is the process for filing for a legal separation?

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