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 & Hammond, LLPtoday!
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.