Legal separation in San Jose — protect your finances without divorcing
Not ready to end your marriage, but need clear rules on money, property, support, and the children? A legal separation gives you court orders while you stay married. Rosa prepares your legal separation paperwork correctly and at your direction, starting with a consultation about your case.
What is a legal separation in California?
A legal separation is a court case that decides property, debts, spousal support, child custody, and child support while the spouses stay legally married. Unlike a divorce, it has no residency requirement and no six-month waiting period, and neither spouse can remarry. Expert Multi-Services, a registered and bonded Legal Document Assistant in San Jose, prepares legal separation documents at your direction.
What Rosa does
- Prepares your Petition (FL-100) and Summons, or a Joint Petition (FL-700)
- Prepares your financial disclosures
- Prepares your Marital Separation Agreement and judgment from the terms you agreed on
- Explains every step in English or Spanish
What only an attorney does
- Advises whether separation or divorce is better for you
- Advises on benefits, taxes, or immigration effects
- Represents you if your spouse disagrees
Need clear rules now, but not ready for divorce?Talk with Rosa today — walk-ins welcome.
Official sources: California Courts Self-Help — Legal separation · Family Code section 2345
Legal separation vs. divorce vs. just living apart
| Legal separation | Divorce | Living apart (no court case) | |
|---|---|---|---|
| Still married? | Yes | No | Yes |
| Court orders on property and support? | Yes | Yes | No |
| Residency requirement | None | 6 months in CA, 3 in county | None |
| 6-month minimum wait | No | Yes | No |
| Can remarry | No | Yes | No |
Legal separation may fit if…
- Your faith or family values make divorce hard to consider right now.
- You live apart and need written rules on bills, property, and the children.
- You do not yet meet the residency requirement for a divorce.
- You want time to decide before ending the marriage.
Five steps with Rosa
- Tell Rosa your situation. Walk in, call, or book online.
- Rosa prepares your Petition at your direction. Alone (FL-100) or together with your spouse (FL-700).
- File with the Santa Clara County Superior Court. At the Family Justice Center, 201 N. First Street, San Jose, with the fee or a fee-waiver request.
- Exchange financial disclosures. Each spouse lists income, assets, and debts.
- Submit your agreement and judgment. Rosa types the terms you agreed on into your Marital Separation Agreement and judgment.
Clear orders for the children and the bills
A legal separation can include orders on custody, visitation, child support, spousal support, and who pays which debts. Written orders protect everyone while you decide your next step. If you later choose divorce, the terms you already agreed on can often be reused.
Clear pricing after a consultation
- Every legal separation is different, so pricing is explained at your consultation before any work begins. Call (408) 766-3529 to schedule.
- Court filing fees are additional where applicable; fee waivers may be available.
- Prices marked “+” may vary by case complexity.
- We are not attorneys and cannot provide legal advice. We prepare documents at your direction.
“An outstanding experience from start to finish. Rosa made a stressful process simple and made sure my documents were accurate and on time. Highly recommend.”Maria PerezClient
Legal separation questions, answered
What is a legal separation in California?
A legal separation is a court case that decides property, debts, spousal support, child custody, and child support while the spouses stay legally married.
What is the difference between legal separation and divorce?
After a divorce you are no longer married and can remarry. After a legal separation you are still married and cannot remarry. Legal separation also has no residency requirement and no six-month waiting period.
Why do people choose legal separation instead of divorce?
Common reasons include religious beliefs, wanting time before deciding on divorce, family reasons, or not yet meeting the residency requirement for a divorce.
Is there a residency requirement for legal separation?
No. You can file for legal separation in California without meeting the divorce residency requirement. If you later want a divorce, you can file once you meet it.
Is there a six-month waiting period for legal separation?
No. Unlike divorce, legal separation has no six-month minimum waiting period, so a judgment can be entered once the paperwork is complete and the court approves it.
What if my spouse wants a divorce instead?
The court can grant a legal separation only if both spouses agree or the other spouse does not respond. If your spouse asks for a divorce instead, the case generally moves forward as a divorce.
Can we file for legal separation together?
Yes. Since January 1, 2026, spouses who agree can file a Joint Petition (Form FL-700) for legal separation, so neither spouse has to serve the other.
What forms are used for legal separation?
The main forms are the Petition (FL-100) with legal separation checked and the Summons (FL-110), or the Joint Petition (FL-700), plus financial disclosures and the judgment paperwork. Expert Multi-Services prepares these at your direction.
Can I get spousal support or child support in a legal separation?
Yes. A legal separation can include orders for spousal support, child support, custody, and visitation, just like a divorce.
Can I turn a legal separation into a divorce later?
Yes. You can file for divorce later, and the terms you already agreed on in your legal separation can often be reused.
What is a marital separation agreement?
A marital separation agreement is a written agreement between spouses about property, debts, and support. Expert Multi-Services prepares one from your agreed terms for a flat $200.
Can I stay on my spouse’s health insurance after a legal separation?
It depends on the insurance plan’s rules. Some plans allow a legally separated spouse to stay covered and others do not, so check with the employer or insurer before you file.
How much does a legal separation cost in San Jose?
Every legal separation is different, so Rosa reviews your situation and explains the cost at a consultation before any work begins. Call (408) 766-3529 to schedule. Court filing fees are separate, and fee waivers may be available.
Do I need a lawyer for a legal separation?
California does not require a lawyer for a legal separation. If you have questions about benefits, taxes, or immigration, or your spouse disagrees, consulting an attorney is a good idea. Expert Multi-Services prepares documents but cannot give legal advice.
Do you help with legal separation in Spanish?
Yes. Rosa is a native Spanish speaker and explains every legal separation form in Spanish. Se habla español.
Can I walk in today or book online?
Yes. Walk-ins are welcome Monday through Friday, 10 AM to 6 PM, at 434 Blossom Hill Rd, San Jose. You can also book online or call (408) 766-3529.
Start your legal separation with Rosa
Walk-ins welcome Monday–Friday, 10 AM–6 PM, at 434 Blossom Hill Rd, San Jose. Se habla español.
Expert Multi-Services Inc. is a registered and bonded Legal Document Assistant (LDA #269, Santa Clara County). We are not attorneys and cannot provide legal advice. We prepare documents at your direction.