Legal Separation

In California, a legal separation is an alternative to a divorce. The main difference between the two is that when you are legally separated, you are still technically married, so you cannot marry anyone else. However, in nearly all other respects, a legal separation is identical to a divorce. For example, a judgment of legal separation can include a final determination of property and support rights.

A proceeding for legal separation has many formalities similar to those in a divorce, including: 

• Filing and serving a petition for legal separation
• Conducting discovery when necessary
• Reaching a negotiated settlement or attending a trial
• Receiving a final judgment of legal separation

Reasons to Choose Separation Over Divorce

There are many reasons that couples may choose legal separation over divorce, including:

• Your religious beliefs prohibit divorce
• Your personal beliefs or views rule out divorce
• You want to retain certain benefits (healthcare benefits, tax benefits, etc.) that would otherwise be terminated through a divorce
• You have not met the residency requirements to file a divorce but want to start court proceedings
  

When filing for legal separation, it is important that you have the best legal representation possible to ensure your rights are protected. Our team will do whatever it takes to ensure your goals are met. If you would like to speak to a legal separation attorney who is highly experienced in handling a variety of family law matters, feel free to contact us.

Should I Hire a Lawyer?

While a legal separation can be negotiated between just you and your spouse, there may be instances in which a lawyer is necessary. For instance, spouses may be able to negotiate regarding simple matters; however, a lawyer may be needed to handle issues of  child custody, child support, spousal support, property divisions, and other complex matters. Either way, having a lawyer on your side during a time like this is extremely important, as your attorney will ensure that your rights are protected.

If you are considering legal separation and would like to speak to a lawyer from our team, we are here to help every step of the way. We understand that not every case is alike--in fact, every case is different, just like every marriage. Therefore, it is always best to consult with an experienced lawyer who understands the complexities of these cases. Feel free to contact us for a consultation.