Navigating Legal Separation and Dissolution in California: What You Need to Know

If you’ve recently moved to California and are considering legal separation, it’s important to understand the process and requirements. Here’s a breakdown of what you need to know about filing for legal separation and converting it to dissolution, along with the disclosure obligations involved.

Starting with Legal Separation

In California, a couple who has recently relocated to the state can file for legal separation immediately. This option allows you to address the terms of your separation without terminating the marriage. After six months, you have the opportunity to convert this legal separation into a dissolution (divorce).

Disclosure Obligations

During a legal separation action, both parties are required to meet disclosure obligations. This includes exchanging financial information to ensure transparency. The law stipulates a 60-day time frame for serving disclosures. This is the latest date by which the responding party must be served. If disclosures are not provided by this deadline, the responding party can compel disclosure.

Mediation and Disclosure Preparation

It’s worth noting that filing a legal action is not a prerequisite for starting mediation or preparing disclosures. However, if you proceed with mediation or other settlement discussions, a court cannot issue a final judgment without a declaration of service of disclosures on file for both parties. This ensures that all necessary information has been shared and reviewed.

Converting Legal Separation to Dissolution

When you’re ready to convert your legal separation to a dissolution, you’ll need to file a new Petition with the court. This petition should be marked “Amended” and should request dissolution instead of legal separation. This step finalizes the process of ending the marriage and allows for the issuance of a divorce decree.

Summary

Understanding the nuances of legal separation and dissolution in California can help you navigate the process more effectively. From meeting disclosure obligations to converting a separation into a dissolution, being informed about each step can make a significant difference in your experience.