What is Legal Separation?


What is Legal Separation?

legal separation

Married couples in California have several options when they decide they no longer want to continue living together in marriage. Divorce is the most well-known of these options; however, a divorce completely ends the marriage in the eyes of the law. Couples who do not want a full-fledged divorce may think they have no other option.

However, they do have the option of getting a legal separation instead. This special status changes their marriage in the eyes of the law, but does not end it. Under California law, a legal separation is very similar to the dissolution of a marriage gained by divorce. The main difference is that the couple stays legally married though the law recognizes that the couple is separated.

How Do I Obtain a Legal Separation?

The process of obtaining a legal separation is similar to that of divorce. A divorce lawyer in San Diego, like those at Men’s Legal Center, can help you through this complicated process. Many of the same issues you would address in a divorce are addressed in a legal separation, such as:

  • Property division
  • Spousal support
  • Child custody, support and visitation

When a legal separation is obtained, the couple can live independently. However, they cannot legally remarry. If the couple decides to pursue a divorce later, they must begin the process again.

Why Would I Want a Legal Separation?

There are some advantages to a legal separation over a divorce, such as:

  • Insurance coverage can remain intact for those involved
  • Religious beliefs may prevent a divorce and/or subsequent remarriage, but separation still needs to occur
  • Assets that are acquired will not become community property of the marital estate when the legal separation is finalized

If you are a man contemplating a legal separation as opposed to a divorce, act quickly and speak with a divorce lawyer at the Men’s Legal Center. Our team has the experience you need to pursue a legal separation and ensure all of your rights are protected. The process of divorce or legal separation is complicated and can be an extremely stressful process. This is why you should turn to a divorce lawyer to help you with any issue, from child custody to division of assets, in your legal separation. Be sure to call our divorce attorney in San Diego at the Men’s Legal Center today.

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