Legal separation lets a California couple divide finances and set custody and support without ending the marriage. Some choose it for religious or benefit reasons, or while deciding whether to divorce. Here’s how it works.
Separation vs. divorce
You stay legally married after a legal separation, so you cannot remarry. Unlike divorce, there is no residency requirement and no 6-month waiting period.
Step 1: File the Petition (FL-100)
Complete the FL-100 and select Legal Separation, file with the court, and pay the fee (a waiver may be available).
Step 2: Serve and disclose
Serve your spouse and exchange the mandatory financial disclosures (FL-150).
Step 3: Agreement & judgment
Draft a settlement dividing property and debts and addressing support and any custody, then submit the judgment (FL-180) for the judge’s signature.
How Curbside Legal helps
We prepare your complete legal separation packet, court-ready. Get the DIY legal separation packet or have us prepare it.
Curbside Legal is a legal document preparation service, not a law firm, and does not provide legal advice. Court fees are separate.