Legal separation in California follows almost exactly the same procedure as a divorce. The only real difference is that legal separation does not terminate a marriage, so separated spouses cannot remarry until they convert their separation into a divorce. Legal separation does, however, sever the community property relationship created by marriage in California.

Residency
• To divorce in California, either you or your spouse must have been a resident for at least six months before filing, and a resident of the county in which the divorce is filed for at least the previous three months. This residency requirement does not exist for legal separation. This, in fact, is why some couples who do not meet the residency requirement for divorce choose to initiate legal separation and later convert to divorce.

Grounds
• California is a no-fault divorce state. This means spouses do not have to prove some defect in their partner or in the marriage to get a divorce. Similarly, there are no grounds requirements for legal separation. The process can be initiated by either spouse for any reason and therefore cannot be terminated except by the party that begins it by filing the petition.

Procedure
• Despite the no-fault nature of legal separation and divorce in California, the procedure resembles that of filing an adversarial lawsuit. One spouse must file Form FL-100, the petition, along with FL-110, the family law summons. If there are children under 18 in the marriage, FL-105, the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act, must also be filed. The party who files these documents must have them served on the other party, who then has the opportunity to respond. Filing fees vary by county.

Property Distribution
• An important aspect of legal separation is the division of property. As a community property state, California law generally requires that all property earned by either spouse during the marriage is split evenly between them. Property that was earned before the marriage, or was received by inheritance, remains separate. Once a legal separation is complete, money or property received by either spouse remains separate and does not become community property.

Other Orders
• In addition to division of real and personal property, legal separation contemplates all the same issues as divorce. These include child custody, child support, visitation, responsibility for joint debts and alimony. All these issues must be settled before a legal separation can be finalized, and if the spouses cannot come to an agreement the court will do it for them. Either spouse can ask the court for temporary orders on these issue to be in force while the legal separation is pending. Unlike divorce, however, there is not a six-month cooling-off period, so the need for temporary orders during legal separation is usually less.