Divorce and Separation

Divorce and legal separation are formal legal processes that allow married couples to end or restructure their relationship. Divorce completely dissolves the marriage, freeing both parties to remarry. Legal separation keeps the marriage intact while letting spouses live apart and divide assets, debts, custody, and support.

Key Differences

All U.S. states offer no-fault divorce based on irreconcilable differences, with most requiring six months to a year of residency. Legal separations often have no residency rules and no waiting period to file. Both address property division under state laws like community property in California, spousal support, child custody, and child support. The process involves filing a petition, serving your spouse, disclosing finances, negotiating terms, and getting a court judgment—taking at least six months for divorce.

Court Decisions on Key Issues

Courts decide property and debt splits, alimony, parenting plans, and child support guidelines based on income and time with children. Agreements outside court speed things up; disputes go to a judge. If children are involved, a written parenting plan is required.

After Divorce or Separation

Post-finalization, update records promptly. See who changes their address and how to handle mail, government IDs, and personal documents. Consult a family law attorney for state-specific advice on divorce, separation, or annulment.