Can I file for legal separation before California residency?

I’m trying to end my marriage the quickest and cheapest way possible. I moved to California from Ohio, where my spouse still lives, back in July. Due to CA’s six-month residency requirement, I can’t file for divorce until mid-February. Can I start a legal separation before that, and would that help my divorce case later? Just trying to get a plan together!

Yep, you can definitely file for legal separation now. Residency rules don’t apply to separation in CA. It might help with sorting things out before the divorce too.

Veronica said:
Yep, you can definitely file for legal separation now. Residency rules don’t apply to separation in CA. It might help with sorting things out before the divorce too.

Oh, nice! Didn’t realize the residency rule wasn’t a thing for separation. Thanks!

Veronica said:
Yep, you can definitely file for legal separation now. Residency rules don’t apply to separation in CA. It might help with sorting things out before the divorce too.

Totally. Filing separation can give you more control over support and property stuff while you wait.

Legal separation can set up terms for spousal support and stuff, so it’s smart. Plus, if you have any custody issues, that can get sorted too.

Esther said:
Legal separation can set up terms for spousal support and stuff, so it’s smart. Plus, if you have any custody issues, that can get sorted too.

Good to know! I don’t have custody issues, but it’s good to see this can help with support and finances. Appreciate it.

Esther said:
Legal separation can set up terms for spousal support and stuff, so it’s smart. Plus, if you have any custody issues, that can get sorted too.

Yeah, it’s like putting everything on hold officially until you’re ready for divorce.

Hey, if your spouse is on board, could you file in Ohio instead? Residency rules might be different.

Addison said:
Hey, if your spouse is on board, could you file in Ohio instead? Residency rules might be different.

Good question, but my spouse isn’t super cooperative. Filing here seems simpler.

Addison said:
Hey, if your spouse is on board, could you file in Ohio instead? Residency rules might be different.

Yeah, if it’s hostile, California might be best once you meet the residency. Legal separation can cover you till then.

And FYI, in CA, they don’t consider adultery when dividing assets, so don’t expect that to impact things much.

Marlow said:
And FYI, in CA, they don’t consider adultery when dividing assets, so don’t expect that to impact things much.

Ah, didn’t know that. Makes sense—wasn’t expecting it to affect division anyway, but good to confirm.

Honestly, with your health issues, filing for support early could be a huge help. Legal separation can address that sooner.

Fenn said:
Honestly, with your health issues, filing for support early could be a huge help. Legal separation can address that sooner.

That’s actually a great point. I do need to make sure I get some support in place. Thanks!