Legal terms are commonly misused and therefore, misunderstood. Below, I have provided a basic overview of dissolution and legal separation.

Dissolution – In California, a dissolution is a divorce. California is a “no fault” divorce state, meaning there does not have to be a finding of fault (such as infidelity) by either party to obtain a dissolution of marriage. There is a six-month “cooling off” period in California before a judgment of dissolution can be entered. The six-month waiting period does not begin running until the other party is personally served or accepts service of the petition for dissolution. Many clients believe that once the cooling off period passes, a divorce will be automatically entered, but this is not the case. Getting a judgment of dissolution in California requires numerous steps. I am ready to handle all necessary documentary requirements as well as negotiations to achieve a final judgment.

Legal separation – Contrary to popular belief, it is not necessary to file a request for a legal separation in order to be considered legally separated. Filing for a dissolution along with other acts such as moving out of the family home creates a legal separation. In determining whether a couple has separated pursuant to current case law, the parties must demonstrate a mental intention of separating, i.e., saying “I want a divorce” combined with a physical act such as moving out and filing for dissolution or legal separation. If you are not sure you want to be divorced or you have significant health problems, filing a legal separation may be a better alternative to filing for a dissolution.

You don’t have to endure legal separation or divorce alone. As an experienced family law attorney, I can guide you through the legal process, empower you to make informed decisions and work toward the best available outcome in your case.