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In California a legal separation is considered to be uncontested when both parties agree on the terms of the separation. An uncontested legal separation also occurs when your spouse or domestic partner fails to file a response.
Legal Separation
A legal separation allows a couple to end its relationships without dissolving the marriage or domestic partnership. The court will provide orders to resolve parenting and money issues with the judgment of legal separation.
Issues to Resolve
To achieve an uncontested legal separation, you and your partner must agree on how you will divide your property, how you will handle taking care of your children and how you will resolve monetary issues.
Procedures
In an uncontested case, the procedures amount to completing a series of forms, filing them with the court and serving your partner with copies of the forms. The Judicial Council of California provides on-line copies of the required forms at no charge.
Outcomes
Couples that are legally separated may live apart and make their own decisions, but they are not free to remarry.
Interesting Fact
California has no residency requirement for couples that wish to file for legal separation.
Source:
California Courts Self-Help Center
Superior Court of California, Orange County
Resource:
Judicial Council of California, Forms
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