Are you having marital troubles but unsure whether you are ready for a
divorce? Or, perhaps you don’t want a divorce, but you don’t
want to continue living with your spouse either. Is there a middle ground?
Not all states provide for a “legal separation” in lieu of
a divorce, but fortunately, California does.
If you and your spouse need a break so you can take some time to decide
if divorce is imminent, or if you want to be separated indefinitely, then
a legal separation may be your most ideal alternative to a standard divorce.
If you decide to get a legal separation, please understand that you cannot
remarry unless you obtain a divorce. Other than the remarriage aspect,
spouses enjoy the same benefits as a divorce through the legal separation.
A legal separation is more than the couple living separately and apart;
it is a court action. Married couples often choose a legal separation
over a divorce because of one of the following reasons:
- Their religion does not condone divorce,
- One spouse’s health has deteriorated and they need the other spouse’s
health insurance coverage,
- The tax implications of divorce are too expensive, or
- The couple is not sure they want a divorce.
Like a divorce, the spouses can obtain court orders for
spousal support, and property and debt division. The main difference between a separation
and divorce is the couple remains married.
In a domestic violence case, the court can also issue a restraining order
that prohibits the abusive spouse from coming near their family.
Contact Claery & Green, LLP today!
Are you interested in learning more about the legal separation process
in California and all that it entails? If so, do not hesitate to
contact our office to arrange a free consultation with one of our Los Angeles divorce attorneys.