Someone who recently moved to California may want to begin a marital proceeding but discover that California’s residency requirements prevent an immediate divorce filing.

Legal separation can provide a different procedural option. Unlike dissolution, California does not impose the same statutory residency requirement for filing a petition for legal separation. Under appropriate circumstances, a person can begin with legal separation and later amend the case to request dissolution after satisfying the divorce residency requirement.

Divorce Has a Residency Requirement

For a standard California dissolution, at least one spouse generally must have been a California resident for the six months immediately before filing and a resident of the county where the petition is filed for the immediately preceding three months.

Those requirements are mandatory for dissolution.

Legal separation is different. The source materials state that there is no statutory residency requirement for a petition for legal separation.

This difference can matter when someone has recently relocated to California and does not yet qualify to begin a dissolution proceeding.

Can Legal Separation Later Become a Divorce?

Yes.

The source materials specifically address filing a legal separation case and later amending the petition to seek dissolution once the residency requirements have been satisfied.

For purposes of the dissolution residency requirement, the amended pleading is treated as commencing the dissolution proceeding when the amendment is filed.

This can allow the marital case to begin while the new California resident waits to satisfy the necessary period for dissolution.

Can Temporary Orders Be Requested During That Time?

Beginning with legal separation can allow important family law issues to be addressed while the residency period for dissolution is running.

The source materials explain that a petitioner proceeding this way may seek temporary orders, including support orders, while waiting to meet the divorce residency requirement.

California family courts can make a variety of temporary orders while a marital action is pending. Depending on the case, these can include orders addressing child custody and visitation and other appropriate temporary matters.

The automatic restraining orders associated with the family law summons can also become effective through the legal separation proceeding.

Legal Separation Can Serve More Than One Purpose

Legal separation is not merely a temporary substitute for divorce. Some spouses pursue legal separation because they want to remain legally married while obtaining court orders addressing their financial or family circumstances.

For a recent California arrival, however, legal separation can also have a procedural role.

It may allow the family law case to begin and temporary issues to be addressed before the residency requirement for dissolution has been met. Once the necessary residency period is satisfied, the proceeding may potentially be amended to seek a divorce.