In California, a long separation does not grant you an automatic divorce. You have to go through the entire divorce process to be considered legally divorced. Once you file for divorce, the court gives you a six-month waiting period to reconsider your decision. This period runs from when the respondent receives the divorce notice, responds to it, or appears before the judge. A divorce attorney can help you understand why California law does not grant an automatic divorce after a long separation. They will also explain why a log separation is necessary for divorce and help you navigate the complex divorce process.
California Does Not Recognize Informal Marriages and Divorces
Informal marriages, commonly referred to as common-law marriages, are recognized in some states in the United States but not in California. Statutory laws govern marriages in California. This means that couples intending to marry must follow a legal process. Once they marry legally, their marriage remains lawfully valid until it is legally dissolved according to the law. Thus, according to California’s Marriage Licensing and Solemnization Statutes, you must follow a formal process to marry. Cohabiting for a lengthy period does not qualify you as married. In an informal marriage, you cannot seek a court’s help to protect your rights.
This means that you need legal documents to prove a marriage or divorce. You must also go through all the formalities of a marriage or divorce to obtain the necessary paperwork. This is the only way to seek a court’s assistance in fighting for or defending your rights in a marriage or divorce.
A marriage remains legally binding until you go through a formal divorce process. However, you can separate physically if your marital relationship breaks down. You can also separate your financial ties by obtaining separate credit cards or bank accounts, filing your taxes separately, or even engaging in romantic relationships with other people. However, you are still legally married until you complete a legal divorce process.
Separation before a formal divorce can be necessary to allow the couple sometime to figure out their separate lives before annulling their marriage. The law advocates for a date of separation before a subsequent divorce. However, a separation, however long it is, does not automatically end your marriage.
However, there is usually an exception to this law. When you file for divorce, the court grants you a month-long waiting period before finalizing your divorce. This period runs from the date you serve your partner with the divorce papers or the date the respondent makes their initial appearance before the judge. Note that an appearance does not necessarily mean a physical appearance in a family court. The respondent can trigger the six-month waiting period once they demonstrate their participation in the divorce process. They can do so by filing their response to the divorce summons. Your skilled divorce attorney will let you know whether the respondent has appeared to mark the start of your six-month waiting period.
You are exempt from this if you are married under the common-law marriage in a state that recognizes this kind of marriage. If common-law marriages are legal in your state, your marriage will be considered legal if you move to California. If a long separation is regarded as a legal annulment of a marriage in another state, you could be deemed divorced if you move to California after a long separation from your partner. However, you need the guidance of a skilled divorce attorney to successfully nullify your marriage in California after this long separation.
Long Separation Vs. Legal Separation
A long separation is different from a legal separation under California law. Family court judges grant divorce after a legal separation of six months, which starts after the respondent receives divorce papers or makes their first appearance. Thus, a long separation does not guarantee a divorce or simplify the divorce process. You must go through all the legal processes to legally separate from your marriage partner.
A marriage does not end in a day or an instant. It takes a long time for couples to annul their marriages finally. If you have been living with your partner and your relationship starts facing challenges, or you encounter an irreconcilable difference, you come to a point where you want to start living apart and separate. This is an integral part of the separation process because most of the mistakes you make during divorce happen during this period. Instead of picking up your stuff and walking out of your partner and family for good, it is advisable to seek a legal separation.
However, you must demonstrate a physical separation for the court to grant a legal separation. Remember that this happens before the divorce process.
How you approach the legal separation depends on whether children are involved. If you have children, their best interests will supersede your interests. If you or your partner intends to use your children as leverage to obtain an upper hand over each other, or you do not have their best interests at heart, the legal separation process can be very tough on you. An attorney’s guidance and counsel will ensure you avoid mistakes that could result in an unfair ruling.
For example, if you are worried that your spouse will separate you from your children if you move out of the family home, you could choose to remain home even after a legal separation. However, you must think this through carefully in case your partner is the kind of person who could file a false domestic abuse claim against you.
If you are in an abusive marriage but are dependent on your abusive partner, you must carefully consider your options when seeking legal separation from them. Consider where you will move after leaving the marriage and how you will cater to your children’s needs. A legal separation helps in such situations as it protects your and your children’s interests and prevents the other partner from reiterating against you for seeking separation or divorce.
A legal separation will address critical issues that you will face before the final divorce. For example, a judge will ensure you have a signed agreement regarding critical matters, including child support, custody, alimony, and property division. The agreement will detail how your children will spend time with you and your partner, how their needs will be met, and who will stay in the family house. The judge’s ruling in this matter is usually binding, meaning you or your partner can face persecution for failing to abide by the court orders.
Thus, if you consider divorcing your partner, starting with a legal separation is advisable. This is helpful in cases where critical issues need to be addressed pending a divorce ruling. However, filing a divorce petition can trigger an automatic legal separation of six months. You can prolong this period if you still have pending matters to address. Eventually, you must proceed with a legal divorce to end your marriage. Legal separation is also not the same as a divorce.
You Must File a Divorce Petition
You must file a divorce petition with a family court to end your marriage after a long or legal separation. This should happen regardless of how long you have been separated from your partner. Filing a divorce petition in court gives you a case number. The petition entails paperwork detailing your reason for divorce, critical issues you need the court to address, and your interests in the divorce. A skilled divorce lawyer will help you draft and file a petition in court.
After filing the petition, you must serve your partner or the respondent with the petition, court summons, and any other relevant document. Since you are not allowed to do this in person, you must seek the assistance of a legally qualified person to serve the respondent.
Start the divorce process by interviewing a skilled divorce attorney. Although you can represent yourself in divorce, it is usually not a good idea. Divorce attorneys have the skills and experience you require to navigate the divorce process successfully. They will advise, counsel, and guide you in ways that could improve your chances of obtaining a favorable outcome.
Before filing the divorce petition, you must have the required paperwork to support your interests. Gather your financial documents and other evidence that could trigger a favorable court ruling. For example, if you are in an abusive marriage and you are afraid for your children’s safety, proving this could give you an upper hand during the child custody proceeding. You must provide evidence if you depend on your spouse and could benefit from spousal support.
Filing the divorce petition will kickstart the entire process. Once you serve the respondent with the petition and other documents, they must respond to the petition or acknowledge receipt. This will trigger a six-month waiting period before a judge nullifies your marriage.
You Must Go Through The Divorce Process
After separating from your partner, you must go through a divorce process if you intend to end your marriage. This process must happen regardless of how long you have been separated. Although the divorce process is generally complex, a skilled attorney can help you navigate each stage successfully. They will also fight for your rights and best interests to ensure your satisfaction with the outcome.
Remember that divorce starts when you file a petition in a family court. The petition should state your reason for ending your marriage, your interests, and other issues you would like the court to help you with, including alimony, child custody, and child support. It should also include important information about the marriage, including the date of your wedding, the date of your separation, and whether there are children in your marriage.
After serving your partner or respondent with the divorce papers, it helps to hold meetings with them for financial disclosures. This process ensures you both understand each other's economic standpoint. This will aid decision-making, especially in property division, child support, and alimony. Even if you are ending your marriage amicably, having legal representation during this process is necessary. Your attorney will ensure you disclose everything to avoid problems later in your divorce process. If your partner reports that you are hiding part of your assets or money, it could cause you issues afterward.
After the financial disclosures, you can attend hearings in court for the judge to issue temporary orders before determining your case. These temporary orders will guide you and your partner in avoiding conflicts during your divorce. For example, the judge can order you or your partner to pay child support, have custody of your children, or pay alimony, depending on the matter at hand. Depending on the court's findings after hearing your case, they can change the temporary orders after the divorce or make them permanent.
You can settle your divorce, or most of your divorce issues, out of court before the judge’s final verdict. This will save you time, money, and the heartache of the required court hearings. If you agree on most matters, your attorney can initiate an out-of-court settlement with your partner to speed up your divorce. You can settle on a few or all issues in your divorce. If you leave some pending matters, the judge can handle them and adopt your agreement in their final ruling.
You must go through a trial if an out-of-court settlement does not happen or only happens for a few matters. The judge will review your case and evidence and hear your statements to give a final ruling in your divorce matter. Divorce hearings are highly emotional and physically straining. You need the support of your loved ones and your attorney to go through them.
Divorce processes do not always go as planned. The judge can rule in your favor or the favor of your partner. If you are unsatisfied with the final ruling, you can always file an appeal with the assistance of your attorney. A divorce appeal allows you to plan your case, evidence, and statement even better to compel the judge to consider your best interests in the final verdict.
A Long Separation Can Be Necessary
Although a long separation does not automatically result in a divorce, it could help your divorce process. Your skilled attorney can point out some of the areas only in our divorce that the long separation can help to help you make an informed decision.
For example, it can impact your spousal support. If you have been married for a short period and separated for a more extended period before going through the divorce process, your attorney can fight spousal support if you are a high-earning spouse. In most cases, judges rule on critical matters like spousal support based on how long the couple has been married. If you have been separated longer than you were married, the judge can deny a spousal support request by your partner, relieving you of the need to support your partner for years after the divorce.
However, remember that judges have complete discretion when ruling on these matters. Your attorney can present the argument before the court for the judge to review and give the final ruling. Although there is no guarantee that it will work in your favor, it could be worthwhile.
A long separation before a divorce can also affect how you divide your property and debts after the divorce. Remember that a legal separation means living separate lives while still married. It allows you time to figure out personal and community property and jointly owned properties. You can retain the agreement you signed during the separation after the divorce or draft a new one based on your experience.
If you jointly run a business, a long separation will help you make better decisions during the divorce. You can agree on how the company will be run after the divorce, depending on how you performed during the separation.
A long separation also impacts other critical issues like child custody and child support. You have a long time to figure things out during the separation before you finally annul your marriage. With the guidance of your divorce attorney, you can review your needs over time to ensure your best interests are well served after the divorce.
Find a Competent Divorce Lawyer Near Me
You can consider a divorce if your marriage no longer works for you, your partner, or both. If you have been separated for a long time or are considering a long separation, you should know that the separation will not automatically lead to a divorce. You must go through a divorce process to legally annul your marriage. A skilled divorce lawyer can help you with the process.
We can help you file a legal separation first at Los Angeles Divorce Lawyer as you prepare for divorce. The separation will help you understand critical issues, including alimony, child custody, child support, and property division. It also allows you time to prepare your case for a successful divorce. Call us at 310-695-5212 if you want to end your marriage in Los Angeles. We will help you navigate all the complex legal processes.
