California
Legal Separation in California: Grounds, Residency and Effects (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 11 primary sources cited on this page. How we verify our legal content
Yes. California offers legal separation, a court judgment that settles property, support and children's issues while the spouses stay married. It rests on the same two grounds as divorce under Family Code section 2310: irreconcilable differences, or permanent legal incapacity to make decisions.
Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers legal separation under the California Family Code (sections 2010, 2080, 2310, 2320, 2321, 2330, 2339, 2345 and 2347) and the California Courts self-help guidance on legal separation. It does not cover how support amounts are calculated, divorce procedure in depth, annulment, informal separation without a court case, or other states' law. For divorce, see California divorce laws.
Does California allow legal separation?
California does. The Family Code treats legal separation as one of three family-status cases, alongside dissolution of marriage (divorce) and nullity of marriage (annulment). Section 2310 provides that "Dissolution of the marriage or legal separation of the parties may be based on either of the following grounds, which shall be pleaded generally."
The California Courts self-help site summarizes what the case does:
"In a legal separation, you stay married but the court divides your property and debts and makes orders about financial support. If you have children together, you can also ask for orders about their care and support." California Courts Self-Help, Legal separation
Grounds for legal separation in California
California uses the same grounds for legal separation as for divorce. Section 2310 lists exactly two:
- "(a) Irreconcilable differences, which have caused the irremediable breakdown of the marriage."
- "(b) Permanent legal incapacity to make decisions."
The statute says these grounds "shall be pleaded generally." Section 2310 does not list a period of living apart as a ground, so in California a separation, legal or informal, is not itself a ground for divorce.
Residency requirements for legal separation
The self-help guidance is direct on residency:
"To file for a legal separation, only one spouse must live in California. There's no time requirement." California Courts Self-Help, Legal separation
That is different from divorce. Family Code section 2320(a) says "a judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition." By its words that rule governs dissolution judgments; the no-time-requirement rule for separation comes from the court's self-help guidance rather than a separate statute.
Section 2320(b) has a separate rule for same-sex marriages entered in California where neither spouse lives in a jurisdiction that will dissolve the marriage. It names dissolution, nullity and legal separation. If that describes your marriage, ask the court self-help center how it applies.
What the court can order in a legal separation
Section 2010 lists the same subjects of jurisdiction for legal separation, divorce and annulment. In any of the three, the court "has jurisdiction to inquire into and render any judgment and make orders that are appropriate concerning" the following:
| Subject | Family Code section 2010 |
|---|---|
| The status of the marriage | 2010(a) |
| Custody of minor children of the marriage | 2010(b) |
| Support of children | 2010(c) |
| Support of either party | 2010(d) |
| Settlement of the property rights of the parties | 2010(e) |
| Attorney's fees and costs | 2010(f) |
For how spousal support is set, see California alimony laws. For custody standards, see California child custody laws, and for child support amounts, California child support laws.
You stay married after a legal separation
A legal separation does not end the marriage. The self-help guidance says that "When it's final, you are still legally married," and that "If you legally separate, you can't marry or enter into a domestic partnership with someone else."
That is the core trade-off. The court can divide property and debts and set support and parenting orders, but the marital status stays in place until a divorce judgment ends it. Unlike a divorce or annulment, a legal separation case does not restore a former name (Fam. Code 2080).
This page does not address how a legal separation affects inheritance or other rights at death. A California lawyer can explain how a separation judgment interacts with a will, trust or beneficiary designation.
Both spouses' consent: Family Code section 2345
California law places a consent condition on a legal separation judgment. Section 2345 reads in full:
"The court may not render a judgment of the legal separation of the parties without the consent of both parties unless one party has not made a general appearance and the petition is one for legal separation." Cal. Fam. Code 2345
The statute's text is the rule. How it plays out in a case where the other spouse appears and opposes a separation is a question for a California family lawyer or the court's self-help center.
Changing a legal separation to a divorce
A legal separation does not lock you out of a divorce. Section 2347 provides: "A judgment of legal separation of the parties does not bar a subsequent judgment of dissolution of the marriage granted pursuant to a petition for dissolution filed by either party."
If neither spouse met the divorce residency rule when the separation case was filed, section 2321(a) lets either spouse amend the petition or response to ask for a divorce once the residency requirement is met.
The self-help guidance adds two practical points:
"If you ask for a legal separation and decide before its final that you want a divorce, you may be able to change your case to a divorce. If your spouse filed for legal separation but you want to divorce, you can respond by saying you want a divorce." California Courts Self-Help, Legal separation
A divorce still carries its own timing rule. Under section 2339(a), "no judgment of dissolution is final for the purpose of terminating the marriage relationship of the parties until six months have expired from the date of service of a copy of summons and petition or the date of appearance of the respondent, whichever occurs first."
Joint petitions for legal separation
Spouses who agree can file together. Section 2330(c) provides that "In a joint petition proceeding for dissolution of marriage or for legal separation of the parties, the joint petition shall set forth, among other matters, as nearly as can be ascertained," a list of facts. Sections 2330 and 2331 were amended by SB 1427 (Stats. 2024, ch. 190), effective January 1, 2025.
Legal separation vs divorce in California
| Legal separation | Divorce (dissolution) | |
|---|---|---|
| Grounds | Irreconcilable differences or permanent legal incapacity (2310) | The same two grounds (2310) |
| Residency | One spouse lives in California, no time requirement (self-help guidance) | 6 months in California and 3 months in the county before filing (2320(a)) |
| Marital status | Still legally married; cannot marry or enter a domestic partnership (self-help guidance) | Marriage ends, but not before 6 months after service or the respondent's appearance, whichever is first (2339(a)) |
| Orders available | Custody, child support, spousal support, property, fees (2010) | The same list (2010) |
| Later divorce | Not barred (2347) | Not applicable |
For divorce grounds, residency and the full process, see California divorce laws.
Official resources
- California Courts Self-Help: Legal separation explains the process and how to change a case to a divorce.
- California Courts Self-Help: Divorce in California is the hub for divorce, legal separation and annulment.
- The Family Code sections cited on this page are on the California Legislative Information site, linked in the sources below.
Disclaimer: This article provides general legal information about legal separation under the California Family Code and California Courts self-help guidance, verified on 2026-10-07. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, consult a lawyer licensed in California or the self-help center at your local California superior court.
Related
- Legal separation laws in every state
- California divorce laws
- California alimony laws
- California child custody laws
- California child support laws
Last updated: 2026-10-07.
Frequently Asked Questions
Is legal separation the same as divorce in California?
No. Both use the grounds in Cal. Fam. Code 2310 and the court can make the same kinds of orders under section 2010, but after a legal separation you are still legally married.
How long do you have to live in California to file for legal separation?
California Courts self-help guidance says only one spouse must live in California and there is no time requirement. The 6-month state and 3-month county rule in Fam. Code 2320(a) is written for divorce judgments.
Can I remarry after a legal separation in California?
No. According to California Courts self-help guidance, a legally separated person cannot marry or enter a domestic partnership with someone else, because the marriage continues.
Can my spouse stop a legal separation in California?
Cal. Fam. Code 2345 bars a legal separation judgment without both spouses' consent unless the respondent has not made a general appearance and the petition is for legal separation. Self-help guidance adds that a spouse who wants a divorce can respond by asking for one.
Can a legal separation be turned into a divorce later?
Yes. Under Cal. Fam. Code 2347, a legal separation judgment does not bar a later divorce on a petition filed by either spouse.
What are the grounds for legal separation in California?
Irreconcilable differences that caused the irremediable breakdown of the marriage, or permanent legal incapacity to make decisions, pleaded generally (Cal. Fam. Code 2310).
Can a court order spousal support in a legal separation?
Yes. Cal. Fam. Code 2010(d) lets the court make orders on the support of either party in a legal separation, as in a divorce.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
California Family Code
§ 2310In forcecited in 3 of our articles
Dissolution of the marriage or legal separation of the parties may be based on either of the following grounds, which shall be pleaded generally: (a) Irreconcilable differences, which have caused the irremediable breakdown of the marriage. (b) Permanent legal incapacity to make decisions.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Diosdado v. Diosdado (California Court of Appeal 2002, 118 Cal. Rptr. 2d 494)“…In 1969, California enacted Civil Code section 4506 (now Fam. Code, § 2310), providing for dissolution of marriage…”
- In Re Marriage of Mallory (California Court of Appeal 1997, 55 Cal. App. 4th 1165)“…able differences” (former Civ. Code, § 4506, subd. (1), now Fam. Code, § 2310). Nevertheless, the property issues wer…”
- L.G. v. M.B. (California Court of Appeal, 5th District 2018, 235 Cal. Rptr. 3d 494)“…nces" or "[p]ermanent legal incapacity to make decisions." (Fam. Code, § 2310.) The grounds for dissolution must be "…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: California Divorce Laws (2026): Grounds, Residency, and Process, Divorce Laws by State (2026): Grounds, Residency, and Property
§ 2347In force
A judgment of legal separation of the parties does not bar a subsequent judgment of dissolution of the marriage granted pursuant to a petition for dissolution filed by either party.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 2345In force
The court may not render a judgment of the legal separation of the parties without the consent of both parties unless one party has not made a general appearance and the petition is one for legal separation.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 2320In forcecited in 2 of our articles
(a) Except as provided in subdivision (b), a judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition. (b) (1) A judgment for dissolution, nullity, or legal separation of a marriage between persons of the same sex may be entered, even if neither spouse is a resident of, or maintains a domicile in, this state at the time the proceedings are filed, if the following apply: (A) The marriage was entered in California. (B) Neither party to the marriage resides in a jurisdiction that will dissolve the marriage. If the jurisdiction does not recognize the marriage, there shall be a rebuttable presumption that the jurisdiction will not dissolve the marriage. (2) For the purposes of this subdivision, the superior court in the county where the marriage was entered shall be the proper court for the proceeding. The dissolution, nullity, or legal separation shall be adjudicated in accordance with California law.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Obrecht v. Obrecht (California Court of Appeal 2016, 245 Cal. App. 4th 1)“…102 Cal.App.4th 218, 225.) This requirement is expressed in Family Code section 2320, subdivision (a), which 7…”
- Marriage of Patel (California Court of Appeal 2025)“…e months immediately preceding the filing of the petition. (Fam. Code, § 2320, subd. (a).) In contrast, there is no r…”
- Marriage of J.B. and C.B. CA3 (California Court of Appeal 2026)“…tion because “neither party resides in the County of Yuba.” Family Code section 2320, subdivision (a) provides that “[e]xcep…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 2010In force
In a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court has jurisdiction to inquire into and render any judgment and make orders that are appropriate concerning the following: (a) The status of the marriage, including any marriage under subdivision (c) of Section 308. (b) The custody of minor children of the marriage. (c) The support of children for whom support may be ordered, including children born after the filing of the initial petition or the final decree of dissolution. (d) The support of either party. (e) The settlement of the property rights of the parties. (f) The award of attorney’s fees and costs.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
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Sources and References
- Cal. Fam. Code 2310 (grounds for dissolution or legal separation)(leginfo.legislature.ca.gov).gov
- California Courts Self-Help: Legal separation(selfhelp.courts.ca.gov).gov
- Cal. Fam. Code 2320 (residency)(leginfo.legislature.ca.gov).gov
- Cal. Fam. Code 2010 (court jurisdiction in dissolution, nullity and legal separation)(leginfo.legislature.ca.gov).gov
- Cal. Fam. Code 2080 (restoration of former name; not in legal separation)(leginfo.legislature.ca.gov).gov
- Cal. Fam. Code 2345 (consent required for legal separation judgment)(leginfo.legislature.ca.gov).gov
- Cal. Fam. Code 2347 (legal separation does not bar later dissolution)(leginfo.legislature.ca.gov).gov
- Cal. Fam. Code 2321 (amending a legal separation petition to request dissolution)(leginfo.legislature.ca.gov).gov
- Cal. Fam. Code 2339 (six-month waiting period for dissolution)(leginfo.legislature.ca.gov).gov
- Cal. Fam. Code 2330 (petition; joint petition)(leginfo.legislature.ca.gov).gov
- California Courts Self-Help: Divorce in California(selfhelp.courts.ca.gov).gov