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Do i need to file for legal separation before divorce?

No. The sources do not require you to file for legal separation before you divorce. Separation is a different option for people who want to live apart but stay married. In England and Wales, the divorce steps start with checking you can divorce, then applying, and separation is not one of them. In California, divorce and legal separation are separate cases that follow the same steps. California divorce takes at least 6 months. Rules differ by place, so check the court rules where you live.

When a lawyer helpsA lawyer can tell you whether separation or divorce suits your situation, especially if you have children, property or immigration concerns.

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Last verified 2026-10-26.

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    General information, not legal adviceLegal Space Info provides general information, not legal advice. Reading this site does not create an attorney-client relationship. Laws vary by state and change often; consult a licensed attorney for advice about your situation.