My husband and I have agreed on separating for a while...?

Question

If I file a legal separation, how long do I have until I can get divorced?

Our marriage is on the rocks and we are both contemplating divorce, we live in CA, and I know that you have to be separated for 6 months prior to divorce anyway... so if we do file for a legal separation how long do we have until divorce and also is it possible to reverse this in case we work things out?

Answer 1

Legal separation and dissolution of marriage are two separate legal remedies.  If you file for a legal separation, you may continue that status until you either file for dissolution (divorce).  In the event you reconcile with each other, you would dismiss the legal separation matter.  I would suggest you speak with a family law attorney.  If you do reconcile, you may want to consider entering into some sort of written agreement with your husband.

Answer 2

If you filed for legal separation then it should be six months from the date of the file. That is just the minimum. You can be separated for years before you file for divorce. If during your separation you reconcile, then you'd have to cancel your legal sepration request that you filed.