LEGAL SEPARATION
The grounds for Legal Separation in California are “irreconcilable differences” and “incurable insanity”. Grounds for incurable insanity can only be asserted if the individual is medically insane.
A legal separation provides for orders regarding children, support and property, but the spouses remain leally married and are not free to remarry or enter into a partnership with someone else. This is useful to couples that choose not to divorce for religious or moral reasons. If there is sizable Social Security, Veterans’, retirement or health insurance benefits that would be lost in dissolution a legal separation, may be better method.
There are no residency requirements prior to filing for a Legal Separation. Both parties are reasonable for community debts incurred by either spouse between the date of marriage and the date of separation. Filing for legal separation may protect you from liability for your spouse’s debts even if you want to remain married.