I'm Considering a Legal Separation

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 child support, child custody, 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.