Why Use The Legal Separation Option?

Given California’s liberal no-fault divorce rules, why would legal separation ever be a viable option? The reasons range from religious to financial to strategic.

For some people, their religious values would stop them from seeking a divorce, but separation could be an option.  Financial reasons, such as wanting to continue filing joint tax returns, or not wanting to remove a spouse from existing medical coverage, may lead a party to elect to file for separation.

There could be strategic reasons for filing for separation. If the party seeking a divorce has either not resided in California for six months prior to filing or has not been a resident of the county in which they intend to file for the last three months (most typical situation is a party recently moving into California), the party can file for legal separation, and then convert the case to a dissolution case once they can meet these jurisdictional requirements.

If the parties file separation, they will remain legally married, but the court can have jurisdiction to divide any community property and issue other family law orders about child custody and visitation, child support and spousal support and issue any necessary restraining orders.

If you are considering getting separated, our lawyers can help you.  We are prepared to sit down with you in an affordable consultation and go over all of the options allowed by law and give you specific answers to your questions.

• Please Contact Us today for a consultation regarding a legal separation.