If your marriage is beyond hope but you don’t want to file for divorce, legal separation may be a good alternative for you and your partner.
In this issue, we’ll talk about the process of filing for a legal separation and include some of the advantages doing so gives you over opting for a full-fledged divorce.
What’s The Difference Between Divorce and Legal Separation?
The main difference is that a divorce will permanently dissolve your marriage. Through a legal separation, you and your partner will be able to separate – perhaps temporarily – while still complying with an agreement about a host of issues.
Other differences between legal separation and divorce include:
- Neither you or your partner will be able to remarry if you choose legal separation
- Unlike divorce, there’s no mandatory 6-month waiting period before legal separations take effect
How are Divorce and Legal Separation Alike?
Just as you would in a divorce, in a legal separation, you and your partner will still have to work out agreements on how to handle things like property and asset division; and child visitation, custody and support.
Also, earnings you make or assets you acquire after a legal separation are no longer subject to the community property rule that entitled your partner to 50% of its worth.
What Are the Advantages to Legal Separation?
Beyond the end of the community property rule, there are a host of other reasons to opt for legal separation, including:
- Giving you and your partner a bit of time to see if divorce is ultimately the best option for you
- Upholding religious or other beliefs that prevent a full divorce
- All parties can still enjoy insurance coverage as well as tax and military benefits
What’s The Process for Legal Separation in California?
The process for legal separation is nearly identical to the one required for divorce. One of you will file and the other will be served with a petition.
It’s critical to know that legal separation requires that you and your partner are in agreement on the move or your partner failed to reply after being served with a petition.
You’ll also be required to disclose your finances to the court and your partner.
When it’s over, you’ll receive a decree of legal separation – just as you would with a divorce – that spells out the terms and rules established by the court.
Call The Men’s Legal Center in San Diego For Help in Filing for Legal Separation
While filing for legal separation may seem like a straightforward procedure, it should not be attempted without the help of an experienced legal separation lawyer.
For help with your situation, call the Men’s Legal Center of San Diego. Our number is 619-234-3838 or you can reach us via email.