How Long Must We Separate to Divorce in California?

Living apart isn’t required to be divorced in California. You can separate as a practical and legal matter, but it’s unnecessary before you divorce. Divorces aren’t just handed out, though. The earliest one can be obtained is six months after your spouse is served with divorce papers. If there are important issues to resolve or the divorce is contested, they will probably take more than six months to resolve and much longer if the case is fully litigated.

If you are considering filing for legal separation in San Bernardino or want legal representation in a custody matter, call the Law Office of Taylor B. Warner at 909-466-5575 to schedule an initial consultation.

Should We Separate Before We Divorce?

There are pros and cons to physically parting before starting the divorce process.
The cons include that if your relationship is in serious trouble, more communication may be better than less, which may be easier when you live together. Talking things out, especially with the help of a good marriage counselor, will firm up whatever future path you take.

It may provide insight you haven’t considered or new approaches to rebuilding your relationship. It may also confirm that divorcing is best for both of you. The costs of two households may also be beyond your reach, especially in California, and may last for a long time.

On the other hand, getting physically away from your spouse may also free up some mental space for you to more clearly decide your future. If your relationship is stressing you out to the point you can’t function (or, in the worst case, it causes you physical, emotional, or sexual abuse), living away from your spouse is the way to go. Just because you live apart doesn’t necessarily mean you’ll divorce. You may decide the effort to continue your relationship will be worth it.

Should We Separate During Our Divorce?

It can be challenging to live with your spouse while ending your marriage. It depends on how much good faith is left in the relationship. The more disappointment and anger there is, the harder it will be. If it’s more than the fact the two of you have grown apart over time, and the conflict is based on dishonesty, infidelity, or substance abuse by one or both of you, staying together might be a real stretch.

Economics is an issue no matter when separation may happen. Can the two of you afford different, if even temporary, homes? The spouse with the lower income may collect spousal support during the divorce, and child support payments should go to the one more responsible for caring for children while your marriage unwinds. That support may be enough to pay your new bills, depending on your situation.

Whether it’s before or during the divorce process, if you have kids, you could try to hold things together to maintain at least the appearance of a normal relationship for as long as you can. But the stress of that may be too much to bear. If you’ll no longer be together at some point, delaying it may not do much good for your kids in the long run. Arguing with each other and openly being in conflict are not good for your kids, so splitting up may be better sooner rather than later if that’s your situation.

Legal Separation or Divorce?

Legal separation is very much like a divorce, but you remain married. There are many reasons to go this route instead of a divorce, including the fact that:

• You think being married will be better for your kids
• You’re unsure you want a divorce
• It’s against a spouse’s personal or religious beliefs
• One spouse wants or needs health insurance through the other, which would be too costly to get on their own

If the two of you meet California’s residency requirements and one wants a divorce, they could start the process. Legal separation is usually the result of a mutual agreement covering important issues like child custody, child and spousal support, and asset division.

The Law Office of Taylor B. Warner is Here for You and Your Family

Get legal help from the Law Office of Taylor B. Warner family law attorneys today. We are standing by and ready to work for you on your family law matter. Call us at (909) 466-5575 or fill out a contact form today to set up an appointment to talk to an attorney.

Taylor Warner

Taylor has always been an advocate. Growing up the middle child with an older and a younger brother, Taylor developed a strong voice and personality and has always felt strongly about helping others. Becoming a lawyer seemed to fit Taylor’s personality and character – she is a strong leader and a bold advocate. Learn more here.