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Last Modified on Oct 06, 2025
Choosing to end a marriage is a monumental decision that will affect the rest of your life, as well as your relationship with your family, friends, and children. It’s understandable to want to take small steps towards the finality of divorce. One of those potential steps is legal separation, which is the legal process of dividing property and figuring out child custody while still remaining legally married. How can you manage legal separation while living together in Riverside, CA?
Moving forward with legal separation can be a good opportunity to see what the reality of divorce looks like for you. In a legal separation, you can maintain certain marital benefits, like health insurance, and you can resolve certain legal issues together.
It’s recommended that you consult with a legal separation attorney to ensure the agreement meets your own standards. A good lawyer should have experience with legal separation cases and knowledge of Riverside legal separation laws.
Why Hire a Legal Separation Lawyer?
There are many reasons why you should hire a legal separation lawyer. Above all, you don’t want to end up being taken advantage of with a separation agreement that doesn’t favor you. The right lawyer can prove invaluable in determining the stipulations of the agreement and representing you in court if your spouse violates those stipulations. At Edgar & Dow, we’ve helped countless clients across the state. We can help you, too.
According to recent statistical data from the Centers for Disease Control (CDC), the rate of marriage in California is one of the lowest in the entire country, at just 5.5 per 1,000 residents as of 2023. At the same time, the rate of marriage in the state is only 9.4%, according to recent data from the U.S. Census Bureau. Understanding the rates of marriage and divorce may encourage you to consider legal separation as an alternative to the permanent consequences of divorce.
Many may see legal separation as a stepping stone towards divorce, which can certainly be true depending on your situation. Whether you are pursuing legal separation or divorce, it’s representative of problems in your marriage. You may want to consider reaching out to a local divorce support group to talk through these problems with other like-minded people. Groups like DivorceCare or Embracing Adversity can be beneficial in helping you heal mentally.
How Can You Manage Legal Separation While Living Together?
Choosing to get legally separated can be good for couples dealing with serious problems. However, you may still have to live together for any number of reasons, which are entirely your own. Living with your spouse while being legally separated can bring its own share of difficulties into your life, so you may want to consider making some changes to your daily lives. Here are some tips on how to manage legal separation while living together:
- Separate bedrooms. The very first thing you should do is claim your own space in the house. Move to a separate bedroom or encourage your spouse to move. You will want your own space during the separation. Even though you are still legally married, you’re not physically together anymore. Make your space your own and embrace a sense of independence. Be sure to prioritize strict boundaries with your spouse.
- Avoid romance. At the end of the day, a legal separation is just a piece of paper. It’s up to you and your spouse to enforce the boundaries set forth by that paper. Even if you reside in separate rooms, it can be difficult not to fall back into old patterns and engage in romantic gestures. If you truly want to experience life outside of marriage, don’t engage in romance.
- Untangle finances. Be sure to open your own bank account separate from your spouse so that they cannot access it. If you have a joint account, talk with your spouse about splitting it fairly. Make sure you manage your own expenses, including buying food for yourself. Contribute to household expenses as a roommate would.
FAQs
Can You Live Together if Legally Separated in California?
Yes, you can live together if you are legally separated in California. There’s no law that says one of you needs to move out of the house. Legal separation is often used as a trial run for the reality of divorce. If you and your spouse are comfortable enough with the living arrangement, you can stay in the same house. However, it’s recommended that you move to a separate bedroom and live totally separate from them.
Does It Matter Who Moves Out of the House in a Legal Separation in California?
Generally, it does not matter who moves out of the house in a legal separation in California. Moving out does not affect property rights. Primarily, you want to focus on the actual date of legal separation, as that is the day that community property acquisition is stopped. If you move forward with a divorce, the house will likely be awarded to one spouse or sold. You can make agreements about the house during the separation if you want.
What Are the Disadvantages of Legal Separation in California?
While legal separation can be a good way to see what a divorce would look or feel like, it’s not without its disadvantages. For many, the biggest disadvantage to legal separation is the fact that you and your spouse are still legally married. This means that you both continue to share responsibility for certain debts, and your financial security will remain connected until you decide to disentangle.
Should I Hire a Divorce Lawyer?
Yes, you should hire a divorce lawyer. Legal separation is often the step right before moving forward with a divorce. At the very least, a divorce lawyer can inform you of your options and let you know what things will look like if you want to take that next step. A divorce lawyer can also help you figure out the legal separation agreement. It’s always good to have legal help in situations like this.
Contact Us Today
At Edgar & Dow, we can help you figure out legal separation and possibly more if you choose to divorce. Contact us to speak to someone on our team about your case.