Although california does not have a required separation period or trial separation period, it does have a waiting period for a divorce. Access the forms you will need and resources where you can get help. Family Law Help Mississauga Understand Legal Obligation To end a marriage or registered domestic partnership in california you must either file for a divorce or an annulment. How to file for divorce after legal separation in california . The court will confirm (stamp them) and issue a case number. Make sure you pay attention to the boxes as this form contains options to file for both a legal separation and a divorce. How do you file for legal separation in california? To file for divorce in california, at least one spouse must have been a resident of the state for six months and a resident of the county in which it's filed for three months. However, the spouses also usually have the right to revise or retract any agreements. A spouse must file a petition, pay the fili...