Puja Sachdev | April 2, 2025 | Family Law

How to File for Divorce or Legal Separation in California

Going through a divorce or legal separation in California can be an emotional and complicated process. If you are thinking about divorce or legal separation, it’s important to know the differences. You should also understand the filing process and how each choice affects your future. In California, legal separation and divorce are different. Knowing these differences is important for making the best choice for you.

Before filing for divorce or legal separation, know the key differences between them. While both involve the formal dissolution of a relationship, they vary in significant ways.

Divorce

Divorce, also known as dissolution of marriage, is the legal process that ends a marriage permanently. Once a divorce is finalized, both parties are legally single and free to remarry if they choose. Divorce involves several key issues: dividing property, determining child custody and visitation, and managing spousal support and debt.

Separation

Legal separation keeps the marriage intact. It lets couples live apart while still being married. This option suits couples who want to live apart for personal or religious reasons. They may not want to end their marriage completely. Legal separation, like divorce, covers property division, child custody, and spousal support. However, the marriage stays legally intact.

Dissolution of Marriage vs Divorce

In California, the term “dissolution of marriage” is often used interchangeably with divorce. It refers to the legal process of terminating a marriage. This term is a more formal, legal definition of divorce and carries the same meaning under California law.

How to File for Divorce in California

If you decide that divorce is the right choice for you, here’s an overview of how to file for divorce in California:

  • Meet the residency requirement: To file for divorce in California, at least one spouse must have lived in the state for six months and in the county where you plan to file for at least three months.
  • File the Petition for Dissolution of Marriage: The first step is to file a Petition for Dissolution of Marriage (Form FL-100) with the court. This petition outlines the basic details of your marriage and the grounds for divorce, which in California is typically “irreconcilable differences.”
  • Serve the petition: After filing the petition, you must serve your spouse with the legal documents. This is an official notice that the divorce process has begun.
  • File a Response: Your spouse will have 30 days to file a Response (Form FL-120) if they wish to contest the divorce or agree to the terms.
  • Negotiate and settle issues: Both parties may need to negotiate the terms of the divorce, including property division, child custody, and spousal support. If you can agree on these terms, you can move forward with a final judgment.

If all issues are resolved, the court will issue a final judgment of divorce, legally ending the marriage.

Filing for legal separation follows a similar process to divorce, but the outcome is different. 

To file for legal separation, you must:

  • File the Petition for Legal Separation: Begin by filing a Petition for Legal Separation (Form FL-100). Like the divorce petition, this document will detail the information regarding your marriage and the issues to be resolved.
  • Serve the petition: As with divorce, you must serve the petition to your spouse, officially notifying them of the separation filing.
  • File a Response: If your spouse agrees with the separation terms, they may file a Response (Form FL-120). If they disagree, negotiations will follow.
  • Resolve issues: During the separation, the court will address the same issues as in divorce, such as property division, child custody, and spousal support.

Once all issues are resolved, the court will issue a final judgment for legal separation. This decision does not dissolve the marriage but provides the terms for living separately.

If you’re thinking about divorce or legal separation in California, get legal advice. An experienced attorney at San Diego Divorce Lawyers, APC, can help guide you through the necessary steps, assist with paperwork, and provide representation if your case goes to court. Contact one of our lawyers today to explore your options and determine which legal path is best for you. You can also call us at (619) 866-3756 with no cost or compromise.

San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756

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