Community

Did you know California forces you to stay in a broken marriage for six months before you can even ask for a divorce? If you haven't lived here long enough, the clerk will reject your paperwork. But what if you need child support today? What if you need a restraining order? Jos Family Law has the answer. Do not file for divorce. File for legal separation. It is the fast track to the judge's bench, and it ignores the residency clock entirely.

You need to master the pivot between Legal Separation vs Divorce. Here is the play: Step one, you file a petition for Legal Separation. The court accepts it instantly because there is no six-month residency rule. Step two, you serve your spouse and file a Request for Order. This gets you a court date for custody, support, and attorney fees. You get the relief you need right now. Step three, you wait. As the months tick by, your residency clock is running.

Once you hit that six-month mark of living in California, you execute the switch. You file a simple form to amend your petition from "Legal Separation" to "Dissolution of Marriage." The case number stays the same. The judge stays the same. The orders you already got stay in place. You essentially "upgraded" your case without losing your place in line.

Why is this critical? Because if you wait six months to file anything, your date of separation is pushed back. Your spouse could rack up debt in your name for six more months. They could claim the community estate is still growing. Filing for separation freezes the financial picture immediately. It stops the community debt clock. It draws the line in the sand regarding assets and liabilities.

Don't let a technicality trap you in a bad marriage. Use the separation petition as your bridge to freedom. It is the only way to get California orders before you are technically a California resident for divorce purposes.

To start your case today regardless of residency, call Jos Family Law. https://josfamilylaw.com/