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In a legal separation proceeding, the marriage is not terminated. You can obtain orders for child custody, child support, spousal support, and property division. However, you would remain legally married. Parties usually file a legal separation when there are religious or health considerations. When filing for divorce, the marriage will be terminated at some point during the proceeding.

If the other party has been properly served and does not respond to the divorce Petition, then the moving party can request a Default Judgment. There are specific rules imposed by the Court when filing a Default Judgment. For instance, the orders requested in the Default Judgment must conform to the requests made in the Petition for Dissolution of Marriage. Please seek the advice of counsel if you are considering filing a Default Judgment.

The parties can agree on a parenting schedule and who will have custody of the children. If the parties are in agreement, then a written stipulation can be prepared and filed with the Court that describes the terms for custody. If the parties do not agree, then a motion can be filed requesting the Court make orders on these issues. In San Diego County, the Court will send the parties to Family Court Services (FCS) Mediation before making a determination regarding custody and parenting.

Family Court Services Mediation is child recommending counseling imposed by the Court when custody issues cannot be resolved by the parents informally. Both parties are required to attend this mediation without their attorneys. A mediator who works for the Court will meet with both parties to assist them in reaching agreements regarding custody and a child sharing plan. If the parties cannot agree to custody and parenting during FCS mediation, then the mediator will issue a report to the Court making recommendations as to what the custody and parenting arrangement should be for the children.

There is no specific formula or calculation to determine permanent spousal support. In awarding permanent spousal support, the Court will consider the respective incomes of the parties, the earning ability of the supported spouse, the standard of living during the marriage, as well as other factors set forth in Family Code Section 4320.